The Federal High Court in Abuja has fixed November 20, 2026, to rule on an application filed by former Vice-President Atiku Abubakar seeking permission to amend his suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Tuesday, October 13, after hearing arguments from lawyers representing Atiku and the African Democratic Congress (ADC), President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The application is part of a broader legal challenge instituted by Atiku and the ADC seeking to disqualify Tinubu and the APC from participating in the next presidential election over alleged irregularities involving the President’s National Youth Service Corps (NYSC) discharge certificate submitted to INEC.
The allegations remain contested, with Tinubu and the APC denying wrongdoing and urging the court to dismiss the substantive suit.
Why Atiku Wants to Amend the Suit
Atiku and the ADC filed the application seeking permission to amend their originating summons after identifying errors and omissions in the documents supporting their case.
Among other things, they sought to correct the description of an INEC form, which they initially referred to as Form CF001 instead of Form EC9A.
They also requested permission to provide more detailed particulars of their allegations, include a written deposition by Atiku and submit clearer copies of certain exhibits.
Their legal team argued that the proposed amendments were necessary to properly present their case and would serve the interest of justice.
Tinubu, APC and INEC Oppose Application
President Tinubu’s lawyers opposed the application, arguing that the proposed amendments went beyond correcting errors and would introduce new facts, documents and reliefs into the case.
The President’s legal team also argued that the substantive suit was statute-barred, contending that it was filed outside the constitutionally prescribed period for instituting a pre-election case.
The APC and INEC similarly urged the court to reject the application, arguing that the proposed changes could introduce a fresh cause of action or attempt to remedy defects in the original suit after the applicable constitutional deadline had expired.
The defendants have also challenged the competence of the substantive suit and questioned whether Atiku and the ADC have met the legal requirements necessary to pursue the case.
Allegations Against Tinubu Remain Undetermined
In the substantive action, Atiku and the ADC are asking the court to disqualify Tinubu and the APC from the 2027 presidential election over the alleged irregularities involving the President’s NYSC discharge certificate.
The plaintiffs have asked the court to direct INEC to remove the President and the ruling party from the relevant list of candidates and political parties.
Tinubu and the APC have denied the allegations, maintaining that the certificate was not forged. INEC has also challenged the competence of the suit.
The allegations have not been established by a final judicial determination in the proceedings described in the reports.
What Happens Next?
The court’s ruling on November 20 will determine whether Atiku and the ADC can amend their originating summons. It will not, by itself, determine whether the allegations against Tinubu are true or whether the President is eligible to contest the 2027 election.
The decision could nevertheless have significant implications for how the plaintiffs proceed with their challenge, particularly given the objections raised by the President, the APC and INEC.
With political parties already positioning themselves ahead of the 2027 general elections, the case adds another legal dimension to the contest surrounding Tinubu’s re-election prospects.
The immediate focus now shifts to Justice Ekwo’s ruling on whether the proposed amendments can be admitted and the substantive case allowed to proceed in its proposed form.
