Former Vice President Atiku Abubakar has dragged President Bola Tinubu to the Federal High Court in Abuja over an allegedly forged NYSC certificate, seeking his disqualification from the 2027 presidential election.
Atiku, the presidential candidate of the African Democratic Congress (ADC), personally appeared at the court registry on Friday, where he deposed to an affidavit supporting the suit filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The case relies on provisions of the 1999 Constitution and the Electoral Act, 2026.
At the centre of the suit is Section 137(1)(j) of the Constitution, which provides that a person is not qualified to contest the presidency if they have presented a forged certificate to INEC.
Atiku and the ADC are asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over their allegation that the President submitted a forged NYSC discharge certificate to INEC.
According to Atiku’s affidavit, the certificate allegedly submitted to INEC bears the name “Tinubu Bola Adekunle”, rather than the President’s name, Bola Ahmed Tinubu.
The plaintiffs further allege that the certificate was submitted in connection with both the 2023 and 2027 presidential elections and contend that Tinubu did not obtain it.
The allegations have now been formally placed before the Federal High Court for judicial determination.
Atiku asks INEC to produce Tinubu’s records
Atiku has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
The affidavit states that Atiku had requested certified true copies of the relevant documents from INEC before filing the suit but had not received a response when the court processes were prepared.
Explaining his decision to appear personally at the registry, Atiku said the case concerned the integrity of the Constitution and the presidency.
“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,” he said.
Atiku added that he was asking the court, rather than the public or INEC, to examine the evidence and determine whether the certificate belongs to Tinubu.
“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court,” he said.
Atiku challenges Electoral Act provisions
The suit also challenges provisions of the Electoral Act, 2026, which Atiku and the ADC argue restrict challenges to a candidate’s qualification before an election.
The plaintiffs contend that an Act of the National Assembly cannot override an express constitutional provision and argue that where ordinary legislation conflicts with the Constitution, the Constitution should prevail.
“This case therefore raises a fundamental question for our democracy,” Atiku said.
“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution?”
Among the reliefs sought by the plaintiffs is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations are established.
Atiku also called on INEC to demonstrate its neutrality by making the relevant records available to the court.
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself,” he said.
Counsel for the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, said they were confident in their case and had presented their arguments before the court.
Silas said the case could contribute to the development of Nigeria’s electoral jurisprudence.
The court will now determine the issues raised by Atiku and the ADC, while Tinubu, the APC and INEC will have the opportunity to respond to the claims.
