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 Tinubu’s eligibility to contest the 2027 presidential election.
Atiku, the ADC presidential candidate, and the party had approached the Federal High Court in Abuja, seeking Tinubu’s disqualification over an alleged forged National Youth Service Corps (NYSC) discharge certificate purportedly submitted to INEC by the All Progressives Congress (APC).
In the suit, marked FHC/ABJ/CS/1888/2026, the plaintiffs asked Justice Inyang Ekwo to order INEC to remove Tinubu and the APC from the list of candidates and political parties eligible to participate in the 2027 presidential election.
However, in a preliminary objection filed on September 7 through its counsel, Dr Alex Izinyon, SAN, INEC challenged the competence of the suit.
The electoral commission argued that the case was statute-barred, lacked locus standi and a reasonable cause of action, and constituted an abuse of court process.
INEC also alleged that Atiku and the ADC failed to comply with the mandatory written deposition requirement under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
The commission further challenged the propriety of Reliefs 2 and 3 contained in the originating summons and urged the court to dismiss the suit.
Meanwhile, Tinubu and the APC, in a joint counter-affidavit filed on September 9, also urged the court to dismiss the case, arguing that it was incompetent and that the plaintiffs lacked the legal standing to institute it.
The President and APC denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections.
Through the APC Director of Legal Services, Sanusi Samaila, they also denied submitting Form CF001 to INEC for the 2023 or 2027 elections as alleged by Atiku and the ADC.
They further maintained that the NYSC had never denied issuing a discharge certificate to Tinubu at the end of his service.
