A Federal High Court in Abuja has adjourned proceedings in a suit filed by former Vice President Atiku Abubakar challenging President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo adjourned further proceedings in the case until September 28, 2026, following difficulties surrounding the service of the originating summons on President Tinubu.
Atiku’s lawyer, Joseph Onu Silas, told the court that efforts to personally serve Tinubu with the court documents had not been successful. He subsequently sought an order allowing the documents to be served through an alternative method.
The proceedings became contentious when Omosanya Popoola, SAN, who appeared for President Tinubu, indicated that he was prepared to receive the court documents on behalf of his client.
However, Atiku’s counsel reportedly requested a written undertaking confirming that Popoola had the authority to accept the documents on Tinubu’s behalf. The disagreement over service prevented the matter from progressing as planned.
Another senior lawyer, Dr Alex Izinyon, SAN, attempted to persuade the court to allow service of the documents through Tinubu’s counsel, but the issue was not resolved.
Justice Ekwo consequently adjourned the matter to allow the parties to address the outstanding issue and ensure that the court process is properly served.
Atiku, who is now the presidential candidate of the African Democratic Congress (ADC), instituted the case against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The former vice president is asking the court to determine whether Tinubu is constitutionally qualified to participate in the 2027 presidential election.
A major part of Atiku’s case concerns an NYSC discharge certificate allegedly submitted to INEC in connection with Tinubu’s previous and prospective presidential candidacies. Atiku's court documents allege that the certificate carries the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu,” and ask the court to determine whether the document meets the constitutional requirements for eligibility.
Atiku is relying on provisions of the 1999 Constitution, including Section 137(1)(j), which deals with the presentation of a forged certificate to INEC as a ground for disqualification.
The suit also challenges aspects of the Electoral Act 2026, particularly provisions concerning who can challenge a candidate’s qualification before an election.
Atiku and the ADC argue that statutory restrictions cannot override constitutional provisions and are asking the court to determine whether Tinubu and the APC should be disqualified if the allegations contained in their case are established.
The September 28 adjournment means the legal challenge will remain active as political preparations for the 2027 presidential election intensify.
The case is one of several legal and political developments surrounding the emerging contest between the Tinubu-led APC and opposition forces, with Atiku among the opposition figures seeking to challenge the president's bid for another term.
No decision has yet been made by the court on the substantive allegations against Tinubu. The latest development concerns the procedural issue of serving the court documents and allowing the case to proceed.