The Federal High Court in Abuja has granted former Vice President Atiku Abubakar permission to serve President Bola Tinubu with court documents through the All Progressives Congress (APC) in a suit challenging Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo granted the application on Wednesday, September 16, 2026, after hearing an ex-parte motion filed by Atiku’s legal team seeking an order for substituted service.
The court directed that the processes be served on Tinubu through the APC within seven days. The case was subsequently adjourned until September 28 for mention.
THE SUIT
The case, marked FHC/ABJ/CS/1888/2026, was filed by Atiku and the African Democratic Congress (ADC).
President Tinubu, the APC and the Independent National Electoral Commission (INEC) are listed as the first, second and third defendants respectively.
Atiku and the ADC are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election.
Their case is based principally on an allegation that a forged National Youth Service Corps (NYSC) discharge certificate was submitted to INEC in connection with Tinubu’s presidential candidacy.
According to Atiku’s affidavit, the disputed certificate bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.” Atiku contends that the certificate was not legitimately obtained by Tinubu and has asked the court to determine whether its submission breached constitutional provisions governing eligibility for the presidency.
WHY THE COURT ORDERED SUBSTITUTED SERVICE
The latest ruling did not determine the substance of Atiku’s allegations.
The immediate issue before Justice Ekwo was how the court processes should be served on Tinubu after the plaintiffs were unable to personally serve him.
Atiku’s counsel, O.T. Omotayo-Ojo, told the court that the plaintiffs could effect service within seven days if the court granted permission to serve the documents through the APC.
Justice Ekwo subsequently granted the application and ordered substituted service through Tinubu’s political party.
TINUBU AND APC CHALLENGE THE CASE
Tinubu and the APC have already taken steps to challenge the suit.
Their legal team has filed processes seeking the dismissal of the case, arguing that the suit is incompetent and that the plaintiffs lack the legal standing to bring the action.
Tinubu’s lawyers have also disputed the allegation that a forged certificate was submitted to INEC.
One of the arguments raised on Tinubu’s behalf is that an allegation of forgery, being a criminal allegation, must be established with the required standard of proof.
The defence has further argued that there is no evidence from the NYSC disclaiming the issuance of the certificate in question.
INEC ALSO OBJECTS
INEC has separately challenged the competence of the suit.
The electoral commission has raised objections including statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.
INEC also questioned whether the plaintiffs complied with applicable requirements for bringing the pre-election case.
WHAT ATIKU IS ASKING THE COURT TO DO
Atiku and the ADC are asking the court to determine whether the alleged submission of a forged certificate violates Section 137(1)(j) of the Nigerian Constitution.
They are also asking the court to order the disqualification of Tinubu and the APC from the 2027 presidential election if the court finds their claims established.
The plaintiffs argue that the alleged certificate was submitted in connection with Tinubu’s qualifications and should therefore have consequences under the constitutional provisions governing presidential eligibility.
WHAT THE LATEST RULING MEANS
The latest court order is procedural rather than a determination of the forgery allegation.
Justice Ekwo has not ruled that the certificate is forged, nor has the court disqualified Tinubu from the 2027 election.
The ruling simply allows Atiku and the ADC to serve the court processes on Tinubu through the APC after difficulties with personal service.
The substantive arguments from Atiku, Tinubu, the APC and INEC remain before the court.
The case is expected to return on September 28 for further proceedings.
As the 2027 election approaches, the suit is likely to attract significant political and legal attention because its outcome could have implications for the eligibility of one of the leading contenders in the presidential race.
For now, however, the allegations remain matters for judicial determination.
