The Federal High Court in Abuja has authorised former Vice President Atiku Abubakar and the African Democratic Congress (ADC) to serve President Bola Tinubu with court processes through the All Progressives Congress (APC) in a suit challenging his eligibility for the 2027 presidential election.
Justice Inyang Edem Ekwo granted the ex-parte application on Wednesday, September 16, 2026, and ordered that service be completed within seven days.
Atiku’s counsel, Olanrewaju Omotayo-Ojo, appearing for Silas Onu, told the court the plaintiffs would effect service within the stipulated period. Justice Ekwo adjourned the case until September 28 for mention.
The order followed difficulties in personally serving Tinubu. On September 1, Onu told the court that the President had not been served and sought permission for substituted service.
The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku and the ADC against Tinubu, the APC and the Independent National Electoral Commission (INEC).
The plaintiffs are seeking Tinubu’s disqualification from the January 16, 2027 presidential election, citing allegations concerning documents submitted to INEC, including an NYSC discharge certificate.
Tinubu and the APC have denied the allegations.
In their joint counter-affidavit filed on September 9, they urged the court to dismiss the suit, arguing that it was incompetent and that the plaintiffs lacked locus standi.
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They denied submitting forged certificates or Form CF001 to INEC for the 2023 or 2027 presidential elections and maintained that the NYSC had never disowned Tinubu’s discharge certificate.
Their counsel, Chief Akin Olujinmi, SAN, argued that forgery is a criminal allegation requiring proof to the applicable legal standard. He also contended that evidence from the institution purported to have issued a disputed certificate would be material to proving forgery and that no NYSC disclaimer had been produced.
INEC has also challenged the suit.
In its preliminary objection filed on September 7 through Dr Alex Izinyon, SAN, the commission cited statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.
INEC further alleged non-compliance with the written-deposition requirement under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026 and challenged the second and third reliefs sought by the plaintiffs.
The latest ruling mirrors a 2023 development when the Presidential Election Petition Court allowed Atiku and Labour Party candidate Peter Obi to serve their election petitions challenging Tinubu’s victory through the APC after difficulties with personal service.
Those petitions followed the February 25, 2023 presidential election. The tribunal dismissed the challenges in September 2023, while the Supreme Court upheld Tinubu’s victory on October 26, 2023.
The current suit is a separate pre-election action challenging Tinubu’s eligibility for the 2027 poll.
The court has yet to determine the substantive claims and the matter returns on September 28, 2026, for mention.