Former Vice President Atiku Abubakar has dragged President Bola Ahmed Tinubu before the Federal High Court in Abuja, challenging his eligibility to contest the 2027 presidential election over an alleged discrepancy in an NYSC discharge certificate.
Atiku, who is the presidential candidate of the African Democratic Congress, filed the suit on Friday alongside his party and personally appeared at the court registry to depose to an affidavit in support of the case.
The defendants are Tinubu, the All Progressives Congress and the Independent National Electoral Commission.
The plaintiffs are relying on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as well as relevant provisions of the Electoral Act, 2026.
At the centre of the suit is Section 137(1)(j), which provides for the disqualification of a person who presents a forged certificate to INEC for the purpose of contesting a presidential election.
Atiku is asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over an alleged NYSC discharge certificate submitted to INEC in connection with the 2023 and 2027 elections.
According to the affidavit, the certificate bears the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu.” Atiku further alleged that the document was not obtained by the President.
The former vice president said he chose to appear personally at the registry to demonstrate the seriousness of the issues raised in the suit.
“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President,” Atiku said after taking the oath.
“I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.”
The plaintiffs are also asking the court to compel INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
Atiku said he had requested certified true copies of the documents from the electoral commission but received no response before commencing the action.
He said the decision to approach the court was aimed at settling the matter through evidence and judicial scrutiny rather than public debate.
“We are not asking Nigerians to decide this matter on social media. We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it,” he said.
Atiku added that the court should establish whether the certificate in question belonged to Tinubu and whether the names on the document referred to the same person.
“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,” he stated.
Beyond the alleged certificate discrepancy, Atiku and the ADC are challenging provisions of the Electoral Act, 2026, which they contend could restrict pre-election challenges to a candidate’s qualification.
They argued that an Act of the National Assembly could not override the provisions of the Constitution.
“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Our position is that the Constitution remains supreme,” Atiku said.
Among the reliefs sought by the plaintiffs is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the court finds merit in their case.
Atiku insisted that the dispute was not merely a political contest but a constitutional question concerning the integrity of the electoral process.
“The Presidency is not an immunity certificate against constitutional scrutiny,” he said.
He also urged INEC to demonstrate neutrality by making the relevant records available to the court, arguing that questions about candidates’ qualifications should be settled before voters go to the polls.
“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.
Lead counsel to the plaintiffs, Joseph Onu Silas, said the case was intended to test the application of constitutional provisions and strengthen Nigeria’s electoral jurisprudence.
“This is not about privilege, personalities or presidential power. It is about one Constitution and one standard for every Nigerian. Nobody is above the Constitution — not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” he said.
The legal challenge came as another Nigerian lawyer, Kalu Kalu, reportedly submitted a petition to the European Union in Brussels concerning Tinubu’s eligibility for the 2027 election.
Kalu, whose remarks were shared on Friday by Atiku’s media adviser, Paul Ibe, alleged that the President submitted false academic credentials to INEC and failed to provide details of his primary and secondary education.
Speaking at the European Commission headquarters, Kalu urged the EU to support what he described as efforts to restore constitutional democracy in Nigeria.
He cited Section 137(1)(j) of the Constitution and alleged that the presentation of false certificates to INEC could disqualify a presidential candidate.
Kalu also accused the President of undermining the constitutional order, describing the alleged conduct as a “sub-coup against the people of Nigeria.”
The latest legal and diplomatic moves are likely to intensify political and legal scrutiny of Tinubu’s eligibility as preparations for the 2027 general elections gather momentum.
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