Former Vice-President Atiku Abubakar has asked the Federal High Court in Abuja to disqualify President Bola Tinubu from contesting the 2027 presidential election over an alleged forged National Youth Service Corps certificate.
Atiku personally visited the court registry on Friday, August 14, where he deposed to an affidavit in support of the suit filed against Tinubu, the All Progressives Congress and the Independent National Electoral Commission.
The action was instituted by Atiku, the presidential candidate of the African Democratic Congress, and the party. It relies on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, alongside relevant provisions of the Electoral Act 2026.
At the heart of the case is Section 137(1)(j) of the Constitution, which provides that a person is not qualified to be elected president if he has presented a forged certificate to INEC.
The plaintiffs are asking the court to determine whether Tinubu should be barred from the 2027 presidential election over allegations that he submitted a forged NYSC discharge certificate in connection with his presidential candidacy.
According to Atiku’s affidavit, the NYSC discharge certificate allegedly submitted to INEC carries the name “Tinubu Bola Adekunle”, rather than the President’s name, “Bola Ahmed Tinubu.”
The plaintiffs further allege that Tinubu did not obtain the certificate and that the disputed document was submitted in relation to the 2027 presidential election.
The allegations remain unproven and are now before the court for determination. The Federal High Court is expected to examine the authenticity of the document and its legal implications if the allegations are established.
Atiku is also asking the court to compel INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
He said he had earlier requested certified true copies of the relevant records from INEC but had not received them before filing the suit.
Explaining why he chose to appear personally at the court registry, Atiku said the issues raised in the case were too important to be treated casually.
“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the Office of President.
“I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them,” he said.
Atiku said the dispute should be resolved through evidence and the judicial process rather than political arguments or social media exchanges.
“We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court.
“We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it,” the statement read in part.
He also questioned whether the name on the disputed certificate could legally be attributed to the President.
“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it,” he added.
The suit also challenges provisions of the Electoral Act 2026 which Atiku and the ADC contend restrict the ability of presidential candidates and political parties to challenge the qualification of candidates before an election.
The plaintiffs argue that such statutory provisions cannot override constitutional provisions governing presidential eligibility.
Their position is that where an Act of the National Assembly conflicts with the Constitution, the Constitution must take precedence.
“This case therefore raises a fundamental question for our democracy.
“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the presidency? Our position is that the Constitution remains supreme,” he argued.
The plaintiffs are asking the court to determine whether the statutory restrictions they are challenging can prevent them from invoking Section 137(1)(j) of the Constitution.
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Among the reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations are established.
Atiku said questions concerning the authenticity of certificates submitted by presidential candidates should be subjected to the same constitutional standards applicable to every Nigerian.
“The presidency is not an immunity certificate against constitutional scrutiny,” he said.
He also urged INEC to demonstrate its neutrality by releasing the relevant electoral records.
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it,” Atiku said.
He added that voters should know whether presidential candidates meet the constitutional requirements before casting their ballots.
“The 2027 election must begin with clarity about the qualification of those seeking the presidency. Nigerians should not be asked to vote first and investigate later,” he further said.
Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in the legal challenge.
Silas said the legal team had examined the relevant laws and presented its arguments before the court, adding that it was prepared to respond to the defendants’ case once they were served.
“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” he said.
The suit introduces another potentially consequential legal battle into the 2027 presidential contest, placing Tinubu’s eligibility and the records submitted during his presidential nomination directly before the judiciary.
The proceedings are expected to focus on the disputed NYSC certificate, INEC’s custody of Tinubu’s nomination documents and whether provisions of the Electoral Act can restrict constitutional challenges to presidential qualification.
Atiku said the broader issue was the equal application of the law.
“Nobody is above the Constitution, not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” the statement added.