INEC, Tinubu Seek Dismissal of Atiku’s 2027 Eligibility Suit

The Independent National Electoral Commission (INEC) has urged the Federal High Court in Abuja to dismiss a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) seeking to disqualify President Bola Tinubu and the All Progressives Congress (APC) from the 2027 presidential election.

In its preliminary objection and counter-affidavit, filed by senior counsel Dr Alex Izinyon (SAN), the electoral body described the action as an abuse of court process, hypothetical, academic and lacking a reasonable cause of action. INEC further contended that the plaintiffs lack the locus standi to institute the proceedings.

Ayuba Mohammed, an administrative officer in INEC’s Litigation and Prosecution Department, deposed that the commission neither nominates candidates for political parties nor originates, manufactures or procures the personal certificates or credentials submitted by candidates or their sponsoring parties.

Documents received by INEC, he stated, are handled strictly in line with the Constitution, the Electoral Act 2026 and applicable regulations and guidelines.

The mere receipt or custody of a document, the counter-affidavit stressed, does not amount to a judicial or administrative determination of the authenticity of every statement or credential contained in it. INEC also denied any suggestion that a bare allegation of forgery, without proof of both presentation and the fact of forgery, automatically triggers the disqualification under Section 137(1)(j) of the 1999 Constitution (as amended).

The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku, the ADC’s presidential candidate, and the party against Tinubu, the APC and INEC. It centres on allegations that Tinubu presented a forged National Youth Service Corps (NYSC) discharge certificate bearing the name “Tinubu Bola Adekunle” rather than Bola Ahmed Tinubu. The plaintiffs claim the same document was submitted in connection with both the 2023 and 2027 presidential elections and was not obtained by the President.

Atiku and the ADC are asking the court to invoke Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the Constitution, together with relevant provisions of the Electoral Act 2026, to determine whether Tinubu and the APC should be barred from the 2027 poll. They have also placed INEC on notice to produce Tinubu’s Form CF001 (or the equivalent Form EC9A) submitted for the 2023 and 2027 elections.

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The plaintiffs further challenge certain provisions of the Electoral Act 2026 that restrict who may question a candidate’s qualification at the pre-election stage, arguing that such statutory restrictions cannot override an express constitutional prohibition. Among the substantive reliefs sought is an order disqualifying Tinubu and the APC from participating in the election if the allegations are established.

President Tinubu and the APC have equally filed a joint counter-affidavit, deposed to by the party’s Director of Legal Services, Sanusi Samaila, denying that any forged certificate was submitted to INEC for either the 2023 or 2027 elections. They maintain that the NYSC has never disowned the discharge certificate issued to Tinubu at the end of his service year and that none of the documents presented was forged. Counsel for the defendants, including Chief Akin Olujinmi (SAN), have argued that the suit is incompetent, that the plaintiffs lack standing, and that parts of the claim are statute-barred.
Atiku and the ADC have since applied for leave to amend their originating summons, citing errors in the description of certain INEC forms and the need to provide clearer particulars and exhibits. INEC has objected to the proposed amendment.

Justice Inyang Ekwo has adjourned the matter to 28 September 2026 for further proceedings. Counsel for Atiku and the ADC are Edwin Inegedu (SAN) and Joseph Onu Silas.
The case forms part of a series of pre-election challenges testing the boundaries of constitutional qualification requirements and the scope of pre-election litigation ahead of the 2027 general elections.