Presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has filed a suit at the Federal High Court in Abuja seeking the disqualification of President Bola Ahmed Tinubu from contesting the 2027 presidential election.
Atiku personally appeared at the registry of the Federal High Court, Abuja, on Friday, where he deposed to an affidavit in support of the suit challenging Tinubu’s qualification to contest the election.
The suit, filed by Atiku and the ADC, has President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as defendants.
According to a statement issued by Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, the action relies on provisions of the 1999 Constitution, as amended, including Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c), as well as relevant provisions of the Electoral Act 2026.
At the centre of the case is an allegation that Tinubu presented a forged National Youth Service Corps (NYSC) discharge certificate to INEC in connection with the 2023 and 2027 presidential elections.
Section 137(1)(j) of the Constitution provides that a person is not qualified for election as President if he has presented a forged certificate to INEC.
In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle”, which the plaintiffs said differs from the President’s name, Bola Ahmed Tinubu.
The plaintiffs further alleged that the same NYSC certificate was submitted in connection with the 2027 presidential election and maintained that the document was not a certificate obtained by Tinubu.
Speaking after taking the oath, Atiku explained why he chose to personally appear at the court registry.
“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them,” he said.
Atiku also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
According to the statement, Atiku had applied for certified true copies of the relevant forms before filing the suit but had not received a response from the electoral commission when the court processes were prepared.
Explaining the reason for the legal action, Atiku said the matter should be determined by the court rather than through public arguments.
“This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court. We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.
“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it. These are questions that deserve answers, not political insults or presidential silence,” he added.
Beyond the certificate controversy, Atiku and the ADC are also challenging provisions of the Electoral Act 2026, which they contend restrict who can challenge the qualification of a presidential candidate at the pre-election stage.
They argued that the law cannot prevent Nigerians from enforcing a qualification requirement expressly provided for in the Constitution.
According to the plaintiffs, where an Act of the National Assembly conflicts with the Constitution, the Constitution should prevail.
“This case therefore raises a fundamental question for our democracy. Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme,” Atiku said.
The originating summons is asking the Federal High Court to determine whether the statutory restrictions challenged by the plaintiffs can prevent them from relying on Section 137(1)(j) of the Constitution.
Atiku and the ADC are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations contained in their case are established.
Atiku said the issue was particularly important because ordinary Nigerians and graduates are subjected to strict scrutiny when presenting certificates for employment and other opportunities.
