The Federal High Court in Abuja has fixed November 20 for ruling on an application by the African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, seeking to amend his suit challenging President Bola Tinubu’s eligibility for the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Tuesday after lawyers to Atiku, Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) presented arguments for and against the application.
Atiku and the ADC had asked the court to disqualify Tinubu and the APC from participating in the 2027 presidential election over allegations that the president’s National Youth Service Corps (NYSC) discharge certificate submitted to INEC was forged.
The plaintiffs also sought an order compelling INEC to remove Tinubu and the APC from the list of candidates and political parties for the election.
However, after the defendants filed counter-affidavits challenging the suit, Atiku and the ADC approached the court to amend their originating summons, citing errors and the need to provide additional details.
Moving the application, Atiku’s counsel, Joseph Silas, said it was dated September 4 and filed on September 10. He explained that the proposed amendments included correcting the nomenclature of INEC forms referenced in the suit, providing particulars of the alleged fraud, attaching Atiku’s written deposition and submitting clearer copies of relevant exhibits.
Silas maintained that the amendments would not introduce new issues or additional prayers and urged the court to grant the application.
Opposing the request, counsel to Tinubu, Chief Wole Olanipekun, SAN, argued that the application was statute-barred and that the court lacked jurisdiction to grant it.
He contended that the plaintiffs were attempting to introduce a new action rather than merely amend the existing suit and urged the court to dismiss the application.
APC’s counsel, Chief Akin Olujinmi, SAN, and INEC’s lawyer, Alex Izinyon, SAN, also opposed the application, urging the court to reject the request.
In their respective filings, the defendants challenged the competence of the suit on grounds including lack of jurisdiction, statute of limitation and the plaintiffs’ legal standing to institute the action.
Tinubu and the APC, in a joint counter-affidavit, denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections.
They also maintained that the NYSC had never denied issuing the discharge certificate to Tinubu at the end of his service year, arguing that an allegation of forgery should be supported by a disclaimer from the institution said to have issued the document.
INEC, on its part, challenged the suit on grounds of statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process. The commission also questioned the plaintiffs’ compliance with the Federal High Court’s Pre-Election Practice Directions.
Atiku and the ADC filed the original suit on August 14, 2026, under suit number FHC/ABJ/CS/1888/2026.
The court’s ruling on November 20 will determine whether the plaintiffs will be allowed to amend their originating summons as requested. It will not, in itself, determine the substantive allegations against Tinubu and the APC.
