Atiku’s Suit Against Tinubu Hits Roadblock as Court Adjourns 2027 Eligibility Case
Atiku’s Suit Against Tinubu Hits Roadblock as Court Adjourns 2027 Eligibility Case
By Akin Alade
Former Vice President Atiku Abubakar’s attempt to stop President Bola Ahmed Tinubu from participating in the 2027 presidential election has encountered an early procedural hurdle, as disagreement over the service of court processes forced the Federal High Court in Abuja to adjourn the case until September 28, 2026.
The development means that the highly anticipated legal battle over Tinubu’s eligibility is yet to move into consideration of the substantive allegations raised by Atiku and the African Democratic Congress (ADC).
At the resumed proceedings before Justice Inyang Ekwo, Atiku’s legal team informed the court that it had been unable to personally serve President Tinubu with the originating summons.
Atiku’s counsel, Joseph Onu Silas, consequently sought the court’s permission to serve the President through substituted means to clear the way for proceedings.
However, the case took an unexpected turn when Omosanya Popoola, SAN, who appeared for Tinubu, offered to receive the processes on behalf of the President.
Popoola asked the court to direct Atiku’s lawyer to hand over the documents to him in open court for onward delivery to Tinubu.
Rather than accepting the offer immediately, Atiku’s counsel demanded a written undertaking establishing that Popoola had Tinubu’s authority to receive the processes on his behalf.
The disagreement eventually created a procedural logjam, prompting Justice Ekwo to adjourn the matter until September 28 for further mention.
Court Yet to Consider Atiku’s Main Allegations
The adjournment is significant because the court has not made any determination on the merits of Atiku’s challenge against Tinubu.
Atiku and the ADC are challenging the President’s qualification to contest the 2027 election, with Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) named as defendants.
Central to the case is an allegation concerning an NYSC discharge certificate which Atiku claims was submitted to INEC in Tinubu’s name.
According to the plaintiffs, the document bears the name “Tinubu Bola Adekunle,” while the President is officially known as Bola Ahmed Tinubu.
Atiku wants the court to determine the authenticity and legal implications of the alleged discrepancy.
The plaintiffs are relying, among other provisions, on Section 137(1)(j) of the 1999 Constitution, which deals with disqualification where a person has presented a forged certificate to INEC.
Importantly, the allegations remain claims before the court and have not been established by the Federal High Court.
Atiku, ADC Also Challenge Electoral Act Provisions
The legal battle extends beyond the disputed certificate.
Atiku and the ADC are also challenging provisions of the Electoral Act 2026 which they contend restrict circumstances under which the qualification of a presidential candidate may be challenged before an election.
Their argument is that legislation passed by the National Assembly cannot override an express provision of the Constitution.
They are consequently asking the court to determine whether the statutory restrictions can prevent them from invoking the constitutional provisions upon which their challenge is based.
If their allegations are eventually established and their arguments upheld, the plaintiffs are seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.
September 28 Becomes Crucial Date
With the case now adjourned, attention will shift to September 28, when the matter is expected to return before Justice Ekwo.
For Atiku, however, the immediate challenge is no longer merely proving the allegations contained in his suit. His legal team must first overcome the procedural question of properly serving the President before the substantive battle can fully commence.
The development adds another dimension to the increasingly intense political and legal manoeuvring ahead of the 2027 presidential election.
While Atiku is seeking to challenge Tinubu’s eligibility through the courts, the President and APC are simultaneously intensifying preparations for a second-term campaign.
For now, the much-awaited courtroom confrontation has been delayed—not because the court has decided whether Atiku’s allegations have merit, but because the first procedural hurdle of bringing the President formally before the case remains unresolved.
September 28 could therefore mark the real beginning of a legal contest capable of becoming one of the closely watched political cases ahead of Nigeria’s 2027 presidential election.
