The Federal High Court in Abuja has granted former Vice-President Atiku Abubakar permission to serve President Bola Tinubu with court processes through the All Progressives Congress (APC) in a suit challenging Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo granted the application on Wednesday while ruling on an ex-parte motion filed by Atiku’s counsel, Olanrewaju Omotayo-Ojo, seeking an order for substituted service on the President.
The judge directed that the processes be served on Tinubu through the APC within seven days and subsequently adjourned the matter until September 28, 2026, for mention.
Atiku and his party, the African Democratic Congress (ADC), instituted the suit, marked FHC/ABJ/CS/1888/2026, against Tinubu, the APC and the Independent National Electoral Commission (INEC), listed as the first to third defendants respectively.
The plaintiffs are seeking orders disqualifying Tinubu and the APC from participating in the 2027 presidential election over allegations relating to an alleged forged National Youth Service Corps (NYSC) discharge certificate submitted to INEC.
Moving the motion, Omotayo-Ojo, who held the brief of Silas Onu, told the court that the application became necessary because the plaintiffs had been unable to personally serve Tinubu with the originating processes.
He therefore asked the court for an order permitting service of the documents through the APC.
Justice Ekwo granted the application after the motion was argued and ordered the plaintiffs to effect service within seven days.
At an earlier proceeding on September 1, Onu had informed the court that the plaintiffs had been unable to serve the originating summons personally on Tinubu and would require an order for substituted service.
The suit is based on the plaintiffs’ allegation that a forged NYSC discharge certificate was submitted to INEC in connection with Tinubu’s candidacy. They are relying, among other provisions, on Section 137(1)(j) of the 1999 Constitution, as amended, which concerns disqualification arising from the presentation of a forged certificate to INEC.
However, Tinubu and the APC have opposed the suit and asked the court to dismiss it.
In a joint counter-affidavit filed on September 9, the President and APC denied submitting any forged certificate or Form CF001 to INEC for either the 2023 or 2027 presidential elections.
They also maintained that the NYSC had never denied issuing a discharge certificate to Tinubu at the end of his service year.
Their counsel, Chief Akin Olujinmi, SAN, argued that forgery is a criminal allegation that must be established beyond reasonable doubt. He further contended that the plaintiffs had not produced evidence from the NYSC disclaiming the issuance of the certificate attributed to Tinubu.
Olujinmi also challenged the competence of the suit, arguing that the plaintiffs lacked the legal standing to challenge Tinubu’s candidacy and that the action was statute-barred.
INEC has similarly filed a preliminary objection challenging the competence of the case on grounds including statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.
The commission also argued that Atiku and the ADC failed to comply with the mandatory written deposition requirement under the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
The case will return before Justice Ekwo on September 28 for mention.
