2027: Atiku Asks Court to Disqualify Tinubu over Names, Certificate Dispute

Presidential candidate of the African Democratic Congress, ADC, Atiku Abubakar, has approached the Federal High Court in Abuja seeking the disqualification of President Bola Ahmed Tinubu from the 2027 presidential election over allegations surrounding his identity and an NYSC certificate.

Atiku personally appeared at the court registry on Friday to swear to an affidavit supporting the case, which was filed against Tinubu, the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC.

According to a statement issued by Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, the case relies on provisions of the 1999 Constitution, as amended, and the Electoral Act, 2026.

A central issue in the suit is Section 137(1)(j) of the Constitution, which deals with the presentation of a forged certificate to INEC by a person seeking the presidency.

Atiku and the ADC are asking the court to determine whether Tinubu should be disqualified from the 2027 election based on their allegation that he submitted a forged NYSC discharge certificate in connection with the 2023 and 2027 presidential elections.

In the affidavit, Atiku alleged that an NYSC discharge certificate submitted to INEC bears the name “Tinubu Bola Adekunle” rather than Bola Ahmed Tinubu. He further claimed that the document was again presented in connection with the 2027 election and questioned whether it was actually obtained by the President.

The former vice-president has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. According to the statement, Atiku had sought certified copies of the relevant records from the electoral commission before filing the case but had not received them when the court processes were prepared.

The plaintiffs are also challenging aspects of the Electoral Act, 2026, which they argue could restrict attempts to challenge a candidate’s qualification before an election.

Atiku and the ADC contend that ordinary legislation cannot prevent citizens from relying on a qualification requirement expressly provided by the Constitution. They argue that where there is a conflict between an Act of the National Assembly and the Constitution, the constitutional provision should take precedence.

The suit therefore asks the Federal High Court to determine whether the provisions of the Electoral Act can prevent the plaintiffs from invoking Section 137(1)(j) of the Constitution.

Among the reliefs being sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations presented by the plaintiffs are established before the court.

Atiku said the case should be resolved through legal processes and examination of official records rather than political arguments. He maintained that INEC, as the institution holding the relevant election documents, should make them available for judicial examination.

He also argued that questions concerning the identity attached to the NYSC certificate should be resolved through evidence presented before the court.

The ADC presidential candidate said the case was intended to ensure that every person seeking the presidency was subjected to the same constitutional requirements, regardless of political position.

He further said his decision to personally swear to the affidavit was meant to demonstrate his willingness to take responsibility for the allegations and evidence placed before the court.

The plaintiffs’ legal team, led by Senior Advocate of Nigeria Edwin Inegedu and Joseph Onu Silas, said it had reviewed the relevant legal issues and was prepared to respond to the arguments that may be presented by the defendants.

The case now places Tinubu, the APC and INEC before the Federal High Court to respond to the allegations and legal questions raised by Atiku and the ADC ahead of the 2027 presidential election.