Former Vice President Atiku Abubakar has challenged President Bola Ahmed Tinubu’s qualification to contest the 2027 presidential election, asking the Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to produce documents relating to the President’s candidacy.
Atiku, the presidential candidate of the African Democratic Congress (ADC), personally appeared at the registry of the Federal High Court, Abuja, on Friday to depose to an affidavit in support of the suit.
According to a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku and the ADC are the plaintiffs in the case, while Tinubu, the All Progressives Congress (APC) and INEC are the defendants.
The former vice president is relying, among other provisions, on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as provisions of the Electoral Act, 2026.
Section 137(1)(j) of the Constitution provides that a person is not qualified for election as President if he has presented a forged certificate to INEC.
Atiku is asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over an allegation that the President presented a forged National Youth Service Corps (NYSC) certificate to INEC in connection with the 2023 and 2027 elections.
The ADC candidate said his decision to personally appear at the court registry was deliberate, stressing that the issues raised in the case concern the Constitution and the integrity of the office of the President.
In the affidavit, Atiku alleged that Tinubu submitted to INEC an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle”, which the plaintiffs contend differs from the President’s name, Bola Ahmed Tinubu.
The plaintiffs further alleged that the same certificate was submitted in connection with the 2027 presidential election and argued that it was not a certificate obtained by Tinubu.
“These are allegations that the plaintiffs have now placed formally before the Federal High Court for judicial determination,” Atiku said.
He also asked INEC to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections.
Atiku said he had applied for certified true copies of the relevant documents before filing the suit but had not received a response from the electoral commission when the court processes were prepared.
“This is precisely why we have gone to court,” he said.
“We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court. We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.
“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court.
“If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it. These are questions that deserve answers, not political insults or presidential silence.”
Atiku and the ADC are also challenging provisions of the Electoral Act, 2026, which they argue restrict who can challenge the qualification of a candidate at the pre-election stage.
They are further challenging the removal of qualification as a ground for questioning an election, as provided under Section 139(1)(a)(i) of the Constitution, which empowers the National Assembly to make laws allowing the questioning of whether a person elected President is qualified to hold the office.
The plaintiffs contend that legislation cannot be used to prevent enforcement of an express constitutional provision, arguing that where an Act of the National Assembly conflicts with the Constitution, the Constitution must prevail.
“This case therefore raises a fundamental question for our democracy,” Atiku said, asking whether an Act of the National Assembly could be used as a shield against an express provision of the Constitution.
In their originating summons, the plaintiffs are asking the Federal High Court to determine whether the statutory restrictions complained of can prevent them from invoking Section 137(1)(j) of the Constitution.
They are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations against them are established.
Atiku argued that Nigerian graduates would ordinarily face scrutiny over discrepancies in their NYSC documentation and questioned why a different standard should apply to anyone seeking the presidency.
“Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates.
“The standard cannot suddenly disappear because the applicant is seeking the highest office in the land.
“The presidency is not an immunity certificate against constitutional scrutiny,” he said.
The former vice president also said the suit places a responsibility on INEC to demonstrate its neutrality by making the relevant records available to the court.
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it.
“The 2027 election must begin with clarity about the qualification of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later,” Atiku said.
