2027: Court hears Atiku’s motion to amend suit against Tinubu, APC

The Federal High Court sitting in Abuja has fixed October 13, 2026, to hear an application by the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, seeking to amend his suit challenging the eligibility of President Bola Tinubu and the All Progressives Congress (APC) for the 2027 presidential election.

The presiding judge, Justice Inyang Ekwo, adjourned the matter on Monday, September 28, to allow parties regularise their court processes.

At the proceedings, counsel to Atiku and the ADC, Joseph Silas, said he had received responses from the other defendants but was yet to be served with President Tinubu’s counter affidavit opposing the application.

However, Tinubu’s lawyer, Wole Olanipekun (SAN), told the court the document had been served on September 24 and acknowledged by the plaintiffs’ counsel.

Justice Ekwo confirmed the proof of service before adjourning the case.

In the substantive suit, Atiku and the ADC are asking the court to disqualify Tinubu and the APC from the 2027 presidential election, alleging that the president submitted a forged National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC).

The plaintiffs are seeking an order directing INEC to remove Tinubu and the APC from the list of candidates and political parties for the presidential poll.

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Tinubu and the APC have denied the allegation, insisting they never submitted a forged certificate to INEC for either the 2023 or 2027 elections. They argued that the NYSC has never disowned the discharge certificate and maintained that only the issuing institution can establish whether a certificate is forged.

INEC also challenged the suit, arguing that it is statute-barred, lacks merit, and failed to comply with the Federal High Court’s pre-election practice directions.

On September 10, Atiku and the ADC applied to amend their originating summons, saying the changes were intended to correct errors, including replacing references to Form CF001 with Form EC9A, provide clearer copies of exhibits and include fuller particulars of the alleged fraud.

The plaintiffs argued that the amendments would not introduce new issues or additional reliefs but would merely clarify their case.

Tinubu, APC, and INEC opposed the application, contending that the proposed amendments amount to introducing new claims and documents after the constitutional deadline for filing pre-election matters.

They argued that the changes seek to cure fundamental defects in the suit and effectively introduce a fresh cause of action, which they said is not permissible after the expiration of the constitutionally prescribed 14-day period.

Justice Ekwo is expected to hear arguments on the application on October 13, 2026.