Abuja, Nigeria — September 16, 2026
A Federal High Court in Abuja has granted Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), permission to serve President Bola Tinubu with court documents through substituted means, after efforts to serve him personally proved unsuccessful.
Justice Inyang Ekwo granted the order on Wednesday following an ex parte motion filed by Atiku’s counsel, Olanrewaju Omotayo-Ojo, who stood in for lead counsel Silas Onu, said to be bereaved. The judge directed that the court processes be served on Tinubu through his party, the All Progressives Congress (APC), within seven days, and adjourned the matter to September 28 for mention.
The underlying suit
Atiku and the ADC, joined as plaintiffs in the suit marked FHC/ABJ/CS/1888/2026, are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election, with Tinubu, the APC, and the Independent National Electoral Commission (INEC) named as first to third defendants respectively.
In a 25-paragraph affidavit personally deposed to in support of the suit, Atiku alleged that Tinubu submitted a National Youth Service Corps (NYSC) discharge certificate to INEC bearing the name “Tinubu Bola Adekunle” — which, he contends, differs from Tinubu’s actual name and constitutes a forged document presented to the electoral body. “The said NYSC certificate, bearing the name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2. I know that the said NYSC certificate is still in existence and in the custody of the 3rd defendant (INEC), and that it is a forgery, as the 1st defendant’s name is not Adekunle, and yet he submitted it to the 3rd defendant to be acted upon as genuine,” Atiku averred, alleging Tinubu had been parading the certificate since his 1999 Lagos State governorship campaign.
The suit relies on Section 137(1)(j) of the 1999 Constitution (as amended), which provides for disqualification of a candidate who presents a forged certificate to INEC. Atiku has also asked INEC to produce Tinubu’s Form CF001 submitted for both the 2023 and 2027 presidential elections, saying the commission had failed to respond to earlier requests for certified true copies.
Where the case stands
Tinubu, the APC, and INEC have all filed responses disputing the suit. In a joint counter-affidavit filed September 9, Tinubu and the APC denied submitting any forged NYSC discharge certificate to INEC for either the 2023 or 2027 elections, arguing that the NYSC has never disowned the certificate issued to the president and that no constitutional provision has been violated. INEC’s counsel, Dr Alex Iziyon, SAN, has separately urged the court to dismiss Atiku’s insistence on personal service, arguing the appearance of Tinubu’s legal counsel in court was sufficient acknowledgment of the suit, and has pushed for an expedited hearing given more than two weeks had already passed since filing. Justice Ekwo, for his part, has said he cannot dictate to the plaintiffs how to conduct their case, and has warned that the court would take action against any party discussing details of the pending case in the media.
Wednesday’s substituted-service order clears a procedural hurdle that had stalled the case, with the matter now set to return to court on September 28.
