The Independent National Electoral Commission, INEC, has opposed an application by former Vice President Atiku Abubakar and the African Democratic Congress, ADC, seeking to amend their suit challenging President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election, Peak Newspaper reports.
Atiku, who is the presidential candidate of the ADC, and the party had approached the Federal High Court in Abuja seeking the disqualification of President Tinubu and the All Progressives Congress, APC, from participating in the 2027 presidential election.
The suit centres on allegations surrounding the National Youth Service Corps, NYSC, discharge certificate submitted to INEC in connection with President Tinubu’s candidacy.
In their originating summons, marked FHC/ABJ/CS/1888/2026, Atiku and the ADC asked Justice Inyang Ekwo to declare Tinubu ineligible to contest the 2027 presidential election over the alleged submission of a forged NYSC discharge certificate.
They also asked the court to compel INEC to remove Tinubu’s name, as well as that of the APC, from the list of candidates and political parties for the forthcoming presidential election.
However, INEC has now challenged the attempt to amend the case and has urged the court to dismiss the suit.
In a preliminary objection filed on September 7 through its lawyer, Dr Alex Izinyon, SAN, the electoral commission argued that the case was incompetent and should not be allowed to proceed.
INEC raised several grounds against the suit, 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 a mandatory requirement under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
According to INEC, the plaintiffs were required to file a written deposition as part of the pre-election proceedings but failed to meet the requirement.
The electoral body also challenged the propriety of Reliefs 2 and 3 contained in the originating summons and urged the court to dismiss the case.
Meanwhile, President Tinubu and the APC have also asked the court to throw out the suit.
In a joint counter affidavit filed on September 9, the president and the ruling party argued that the case was incompetent and that the plaintiffs lacked the legal right to institute the action.
Tinubu and the APC also denied the allegation that any forged certificate was submitted to INEC for either the 2023 or 2027 presidential election.
Through the APC Director of Legal Services, Sanusi Samaila, the defendants maintained that they did not submit Form CF001 to INEC for either the 2023 or 2027 election as alleged by Atiku and the ADC.
They further argued that the NYSC had never denied issuing a discharge certificate to President Tinubu at the end of his service.
The legal battle now places the Federal High Court at the centre of another major pre-election dispute ahead of the 2027 presidential election, with the court expected to determine whether the suit filed by Atiku and the ADC is competent and whether their claims can proceed.
The case has attracted attention because of its potential implications for the eligibility of the incumbent president and the APC ahead of the 2027 presidential poll.
