Former Vice President and African Democratic Congress presidential candidate, Atiku Abubakar, has approached the Federal High Court in Abuja seeking an order disqualifying President Bola Ahmed Tinubu from contesting the 2027 presidential election over alleged discrepancies in an NYSC certificate.
Atiku personally appeared at the court registry on Friday to depose to an affidavit in support of the suit filed against Tinubu, the All Progressives Congress and the Independent National Electoral Commission.
The suit relies, among other provisions, on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as provisions of the Electoral Act, 2026.
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.
At the centre of Atiku’s case is the allegation that Tinubu presented a forged NYSC certificate to INEC in connection with the 2023 and 2027 presidential elections.
Speaking after personally taking the oath, Atiku explained why he chose to appear at the court registry himself.
“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.”
In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle”, which the plaintiffs contend differs from the President’s name, Bola Ahmed Tinubu.
The affidavit further alleges that the certificate was submitted in connection with the 2027 presidential election and was not obtained by Tinubu.
Atiku has also asked the court to compel INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
According to the affidavit, Atiku had applied for certified true copies of the relevant documents before filing the suit but had not received a response when the court processes were prepared.
Explaining the decision to approach the court, Atiku said:
“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.”
Beyond the certificate allegation, Atiku and the ADC are challenging provisions of the Electoral Act, 2026, which they argue restrict the ability to challenge a candidate’s qualification at the pre-election stage.
They also contend that the legislation limits qualification as a ground for questioning an election, contrary to the constitutional provisions empowering the National Assembly to make laws allowing questions over whether a person elected President was qualified.
Atiku argued that ordinary legislation cannot override the Constitution.
“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? 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.”
The plaintiffs are asking the Federal High Court to determine whether the statutory restrictions contained in the Electoral Act can prevent them from invoking Section 137(1)(j) of the Constitution.
They are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations against them are established.
Atiku further argued that the Presidency should not shield anyone from constitutional scrutiny.
“Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The standard cannot suddenly disappear because the applicant is seeking the highest office in the land.
“The Presidency is not an immunity certificate against constitutional scrutiny.”
He said the case also placed a responsibility on INEC to demonstrate its neutrality by making the relevant electoral 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. That is the constitutional process, and nobody should be afraid of it.
“The 2027 election must begin with clarity about the qualification of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later.”
Atiku said his decision to personally depose to the affidavit demonstrated his willingness to submit himself to the same constitutional standards he was demanding from others.
“I have sworn to my case before the law. I am prepared to be held accountable for what I have placed before the court. President Tinubu should equally be prepared to answer the case against him before the law.
Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in the suit.
Speaking for the legal team, Silas Onu said they had carefully examined the relevant laws and were prepared to respond to the defendants’ case.
“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” he said.
He added:
“This is not about privilege, personalities or presidential power. It is about one Constitution and one standard for every Nigerian.
“Nobody is above the Constitution — not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria.”
The allegations contained in the suit are yet to be determined by the court, while Tinubu, the APC and INEC will have the opportunity to respond to the claims.
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