A suit filed by former Vice President Atiku Abubakar challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election suffered an early setback on Tuesday after the plaintiff failed to serve the court processes on the President.
The matter came up before Justice Inyang Ekwo of the Federal High Court in Abuja, where Atiku’s counsel, Joseph Onu Silas, informed the court that efforts to personally serve the originating summons on Tinubu had been unsuccessful.
Silas consequently sought an order allowing substituted service to enable the case to proceed.
However, proceedings took an unexpected turn when Omosanya Popoola, a Senior Advocate of Nigeria, who appeared for President Tinubu, offered to accept the court processes on behalf of his client.
Popoola urged the court to direct Atiku’s legal team to hand over the documents to him in open court for onward service.
But Atiku’s counsel declined, insisting that Popoola should first provide a written undertaking confirming that he had the authority of the President to receive the processes.
Efforts by another senior lawyer, Alex Izinyon, SAN, to persuade the court to allow service through Tinubu’s counsel did not resolve the disagreement.
Justice Ekwo subsequently adjourned the matter until September 28, directing the plaintiff to regularise the service of the court processes before further proceedings.
Atiku had dragged Tinubu, the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC, before the Federal High Court, seeking judicial clarification on the President’s eligibility to participate in the 2027 presidential election.
The former Vice President is challenging Tinubu’s qualification under provisions of the 1999 Constitution, as amended, as well as relevant provisions of the Electoral Act, 2026.
Central to the suit is Atiku’s allegation concerning an NYSC discharge certificate submitted to INEC, which he claims bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.”
Atiku is asking the court to determine whether the document belongs to the President and whether the differences in the names on the certificate raise questions about his constitutional qualification to contest the election.
The suit also seeks to compel INEC to produce Tinubu’s Form CF001 and other documents submitted in connection with the 2023 and 2027 presidential elections.
Atiku and the African Democratic Congress, ADC, are also challenging provisions of the Electoral Act, 2026, which they argue restrict the category of persons who can challenge a candidate’s qualification at the pre-election stage.
The plaintiffs contend that statutory provisions cannot override express provisions of the Constitution, particularly where questions are raised about the qualification of a person seeking election to the office of President.
They are asking the court to determine whether the provisions of the Electoral Act can prevent them from invoking Section 137(1)(j) of the Constitution and whether Tinubu and the APC can be disqualified from participating in the 2027 presidential election if their claims are established.
The substantive relief sought by the plaintiffs includes an order disqualifying Tinubu and the APC from the 2027 presidential contest on the grounds outlined in the suit.
The case is expected to resume on September 28 after the plaintiff completes the required service of the court processes on the defendants.
