The Federal High Court in Abuja has adjourned until October 13, 2026, hearing of a motion by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit challenging President Bola Ahmed Tinubu’s eligibility for the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Monday in Suit No. FHC/ABJ/CS/1888/2026, after counsel for the plaintiffs, Joseph Silas, informed the court that processes relating to the application had been served on the defendants.
Silas told the court that the plaintiffs had received and responded to processes filed by the defendants.
Counsel for Tinubu, Chief Wole Olanipekun, SAN, however, raised the earlier dispute over service of the originating processes on the President.
Olanipekun reminded the court that at the September 1 proceedings, counsel for the President, Popoola Owosanya, had offered to receive the processes on Tinubu’s behalf.
According to the President’s lawyer, the offer was rejected by the plaintiffs, who subsequently approached the court for an order permitting substituted service.
Olanipekun argued that the plaintiffs later claimed they had been unable to serve the President personally despite the earlier offer by his legal team.
Justice Ekwo, however, urged the lawyers to focus on the matter before the court.
Silas subsequently informed the court that the plaintiffs had filed an application seeking to amend their originating summons and that the defendants had been served with the application.
After confirming that the parties had received the relevant processes, Justice Ekwo adjourned the matter.
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“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons,” the judge held. (Tribune Online)
Atiku and the ADC instituted the suit in August, asking the court to determine questions concerning Tinubu’s eligibility to contest the 2027 presidential election.
A central issue raised by the plaintiffs concerns an alleged discrepancy in the name appearing on a National Youth Service Corps (NYSC) discharge certificate which they allege was submitted to the Independent National Electoral Commission (INEC).
The plaintiffs allege that the certificate bears the name “Tinubu Bola Adekunle” rather than the President’s official name and contend that the document was improperly presented to INEC. These remain allegations before the court and have not been judicially determined. (Polity Reporters)
The court had on September 16 granted the plaintiffs permission to serve Tinubu through the APC after they told the court that efforts to personally serve the President had proved unsuccessful. Justice Ekwo ordered that the processes be served through the APC within seven days. (TheCable)
The substituted-service order was subsequently challenged by the APC, which argued that it was unnecessary because Tinubu’s legal representatives had already appeared in court and received the relevant processes. (The Guardian Nigeria)
Tinubu and the APC have opposed the substantive action, asking the court to dismiss the case. Their legal team has challenged the competence of the suit and the plaintiffs’ legal standing, among other objections. (Primetimes.com.ng)
INEC has also challenged the action, raising objections concerning the plaintiffs’ locus standi and the competence of the case. The electoral body has argued, among other things, that an allegation of a forged certificate would have to be established before the constitutional consequences relied upon by the plaintiffs could arise. (Polity Reporters)
The October 13 hearing will therefore focus on the plaintiffs’ application to amend the originating summons, rather than determining the substantive allegations against Tinubu.
The outcome of that application will determine the form in which the plaintiffs’ case proceeds as the parties continue their legal arguments over Tinubu’s eligibility for the 2027 presidential election.