Atiku vs Tinubu: Fresh drama stalls major 2027 court battle

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Former Vice President Atiku Abubakar’s legal challenge to President Bola Tinubu’s eligibility to contest the 2027 presidential election has suffered an early setback at the Federal High Court in Abuja.

The case encountered difficulty on Tuesday after Atiku’s legal team disclosed that it had been unable to personally serve Tinubu with the originating summons as required by law.

Appearing before Justice Inyang Eden Ekwo, Atiku’s counsel, Joseph Onu Silas, told the court that efforts to personally deliver the court documents to the President had not been successful.

He consequently requested an order permitting substituted service so that the case could proceed without further delay.

However, proceedings took an unexpected turn when Omosanya Popoola, a Senior Advocate of Nigeria (SAN), announced that he was prepared to receive the court process on behalf of Tinubu.

Popoola urged Justice Ekwo to direct Atiku’s counsel to hand the documents over to him in open court for onward delivery to the President.

Atiku’s lawyer, however, declined to do so, insisting that Popoola first provide a written undertaking confirming that he had Tinubu’s authority to accept the process on his behalf.

The disagreement created a legal impasse, prompting the judge to adjourn the matter to allow Atiku’s legal team to resolve the issue.

Another senior lawyer, Dr Alex Izinyon, SAN, also attempted to persuade the court to permit service on Tinubu through his legal representative, but the move did not succeed.

Justice Ekwo subsequently adjourned further proceedings in the case until September 28.

Atiku had instituted the suit against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), seeking the President’s disqualification from the 2027 presidential election.

The former Vice President filed an affidavit in support of his legal action, challenging Tinubu’s constitutional eligibility to participate in the election.

In the originating summons, Atiku asked the court to interpret Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, alongside relevant provisions of the Electoral Act, 2026.

One of the central issues raised by Atiku concerns an NYSC discharge certificate allegedly submitted to INEC in the name “Tinubu Bola Adekunle”.

According to the former Vice President, the name on the certificate differs from Tinubu’s known name, Bola Ahmed Tinubu.

Atiku further alleged that the same document was presented in relation to the 2027 presidential election and questioned whether it was genuinely obtained by the President.

He also asked INEC to produce Tinubu’s Form CF001 submitted for both the 2023 and 2027 presidential elections.

Atiku stated, “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,” he added.

Atiku and the African Democratic Congress (ADC) are also challenging aspects of the Electoral Act, 2026, which they contend restrict the circumstances under which a candidate’s eligibility can be challenged before an election.

They are further questioning the removal of qualification as a ground for challenging an election under the relevant constitutional provisions.

According to Atiku and the ADC, no legislation enacted by the National Assembly can prevent citizens from enforcing an express constitutional provision where the legislation conflicts with the Constitution.

The originating summons therefore asks the Federal High Court to determine whether the statutory restrictions contained in the Electoral Act can prevent the plaintiffs from relying on Section 137(1)(j) of the Constitution.

Ultimately, Atiku and the ADC are asking the court to determine whether Tinubu and the APC should be barred from participating in the 2027 presidential election if the allegations contained in the suit are established.

The plaintiffs are seeking an order disqualifying Tinubu and the APC from the 2027 presidential election on the grounds outlined in their case.

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