ATIKU AND ADC MOVE TO AMEND COURT CASE CHALLENGING TINUBU’S 2027 ELIGIBILITY

Former Vice President Atiku Abubakar and the African Democratic Congress have moved to amend their lawsuit challenging President Bola Tinubu’s eligibility to contest Nigeria’s 2027 presidential election, with the Federal High Court in Abuja fixing October 13 for hearing of the application.

Justice Inyang Ekwo adjourned the case on Monday after lawyers representing the parties appeared before the court.

The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku and the ADC against Tinubu, the All Progressives Congress and the Independent National Electoral Commission.

At Monday’s proceedings, counsel for Atiku and the ADC, Joseph Silas, informed the court that the plaintiffs had filed an application seeking permission to amend their originating summons.

The defendants had been notified of the application.

After confirming that the relevant parties had been served, Justice Ekwo fixed October 13 for the court to hear arguments on whether the proposed amendments should be allowed.

The court has not ruled on the substantive allegations against Tinubu.

CASE CENTERS ON DISPUTED NYSC CERTIFICATE

Atiku and the ADC are challenging Tinubu’s eligibility to participate in the 2027 presidential election over allegations concerning a National Youth Service Corps discharge certificate submitted to INEC.

The plaintiffs have alleged discrepancies involving the name appearing on the certificate and Tinubu’s official name.

They are asking the court to determine whether the issues they have raised affect the President’s constitutional eligibility to contest the election.

Those allegations remain claims made by Atiku and the ADC before the court and have not been judicially established.

Tinubu and the APC are contesting the case.

The President’s legal team has opposed the challenge and asked the court to dismiss the action.

INEC has also challenged the competence of the suit, raising issues including whether the plaintiffs have the legal standing to bring the action and whether the case constitutes an abuse of court process.

ATIKU AND ADC SEEK CHANGES TO COURT DOCUMENTS

The amendment application adds another procedural stage to a case that has already faced disagreements over the service of court documents.

Reporting on the amendment indicates that Atiku and the ADC want to correct aspects of their initial filings and provide additional clarity to their case.

Among the issues identified by the plaintiffs is the description of an INEC document.

They say a document was initially identified as Form CF001 instead of Form EC9A.

The plaintiffs are also seeking to provide clearer copies of documents already referenced in their filings, include a written deposition by Atiku and provide more detailed particulars supporting their allegations.

Atiku and the ADC maintain that the proposed changes would clarify their existing case rather than introduce a new cause of action.

The defendants dispute that position.

Tinubu’s legal team argues that the proposed amendments go beyond correcting minor errors and could substantially alter the case originally filed by the plaintiffs.

That disagreement is expected to form part of the arguments before Justice Ekwo when the court reconvenes.

EARLIER DISPUTE OVER SERVICE

Proceedings had previously been delayed by a dispute over serving court documents on President Tinubu.

At an earlier hearing, the plaintiffs told the court that efforts to personally serve the President had been unsuccessful.

The court subsequently granted permission for substituted service through the APC.

Tinubu’s lawyers challenged aspects of that process, arguing that his legal representatives had already obtained the originating documents and filed a response.

At Monday’s proceedings, Tinubu’s lawyer, Wole Olanipekun, SAN, also raised concerns over how the plaintiffs had handled the earlier service issue.

Justice Ekwo directed the lawyers to focus on the matter before the court.

The case then moved to the plaintiffs’ application to amend their originating summons.

OCTOBER 13 HEARING IS PROCEDURAL

The next hearing does not determine whether Tinubu is eligible or ineligible to contest the 2027 election.

On October 13, the court is expected to hear arguments concerning whether Atiku and the ADC should be permitted to amend their originating summons.

If the amendment is granted, the case would proceed on the basis of the amended court documents, subject to any further legal challenges.

If the application is opposed, the court will consider the arguments presented by both sides before deciding whether the requested changes can be made.

The substantive dispute over Tinubu’s eligibility would still require judicial determination.

Until the Federal High Court rules on those issues, allegations surrounding the President’s documents remain allegations before the court and should not be treated as established findings of fact.