Former Vice President of Nigeria and Presidential Candidate of the African Democratic Congress (ADC), Atiku Abubakar, on Tuesday appeared personally at the Registry of the Federal High Court, Abuja, where he deposed to an affidavit in support of a suit challenging the qualification of President Bola Ahmed Tinubu to contest the 2027 presidential election. Africans & Diasporas
Atiku and the ADC’s suit against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), among others, is predicated on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution (as amended) and the Electoral Act, 2026.
The Guardian says that a person shall not be qualified for election to the Office of President if he has presented a fake certificate to INEC as provided by Section 137(1)(j) of the Constitution.
The complaint is praying to the court to determine whether Tinubu and the APC should be barred from contesting the 2027 presidential elections on the grounds of the plaintiffs’ claim that Tinubu submitted a falsified NYSC certificate to INEC in respect of the 2023 and 2027 presidential elections. Campaigns and Elections
Speaking after taking the oath himself, Atiku said he was at the court registry on purpose.
“I came here in person because the matters before this court go to the core of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution and treat a subject of this gravity lightly. “Therefore, I have attached my name, my signature and my oath to the facts we are presenting to the court.
Now it is President Tinubu’s turn to answer them, he said.
In his affidavit, Atiku contended that Tinubu presented a NYSC discharge certificate to INEC in the name of “Tinubu Bola Adekunle” which the plaintiffs said is not the same as the President’s name, Bola Ahmed Tinubu.
The affidavit further asserted that the identical NYSC certificate was presented in respect of the 2027 presidential election and maintained that the document was not a certificate acquired by Tinubu. These are claims which the plaintiffs have now formally submitted before the Federal High Court for judicial resolution.
Importantly, Atiku has also served INEC with a notice to provide Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. The affidavit said that Atiku had sought for certified true copies of the appropriate form before the suit was filed but no response was received when the procedures were drafted.
That is why we have gone to court,” Atiku said. Also, we are not asking Nigerians to determine this issue on social media, we are not asking INEC to be a court. We are requesting the records keeping institution to produce the records and the judiciary to look at the evidence and pronounce on it.
“If the certificate is that of Bola Ahmed Tinubu, let that be shown to the court. So, let the evidence show if “Tinubu Bola Adekunle” and “Bola Ahmed Tinubu” are the same person for that certificate. These are questions that require answers, not political attacks or presidential silence.”
The case is bigger than the certificate itself.
The ADC and Atiku are also challenging provisions of the Electoral Act, 2026 which, in their written address, effectively restrict who can challenge a candidate’s qualification at pre-election stage and the removal of qualification as a ground for questioning an election as envisaged by section 139(a)(i) of the Constitution which empowers the National Assembly to make laws that allows the questioning of whether a person elected into the office of President is qualified. Campaigns & Elections
They contend that legislation cannot be used to lock the door against execution of an unambiguous constitutional provision. They claim that in the case of a dispute between an Act of the National Assembly and the Constitution, the Constitution must prevail.
“This case therefore presents a fundamental question for our democracy,” stated Atiku.
“Can an Act of the National Assembly be a shield against an express provision of the Constitution? Can we build into regular legislation an escape hatch from a constitutional requirement binding on all who seek the Presidency? Our position is that the Constitution is still supreme.”
The originating summons seeks to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j) and ultimately whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the plaintiffs’ case is made out.
The substantive reliefs sought include an Order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the reasons pleaded by the plaintiffs.
Atiku said: “Let no one be in doubt as to what is at stake. So Nigerian graduates cannot fill in NYSC papers with one identity and expect companies to overlook anomalies. Young Nigerians looking for regular work undergo stringent verification of their certificates. The standard can’t just go away because the candidate is seeking the highest office in the land.
“The presidency is not a free pass to avoid constitutional oversight.”
“The judicial action also imposes a responsibility on the INEC to demonstrate its neutrality by providing the relevant records to the court.”
His affidavit was that INEC as a neutral public entity is required to protect the Constitution regardless of whose political interest may be impacted.
INEC has the papers. The court has the authority to probe the issues. President Tinubu has an opportunity to clear his name. That is the constitutional process and nobody should be afraid of it.
“Clarity on the qualification of those seeking the Presidency should inform the 2027 election. “Nigerians should not be asked to investigate first and vote later.” Campaigns & Elections
Atiku said his physical appearance to depose to the document underlined his readiness to subject himself to the same constitutional norms he requires of others.
“I have put my case before the law on oath. And I am prepared to be accountable for what is brought before the court. President Tinubu should also be ready to answer the case against him before the law.
Counsel to the Plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, Esq were optimistic about the case. Speaking for the legal team, Silas Onu said they had studied the law and presented their arguments before the Court, adding that they were ready to meet the Defendants’ case when served. We are convinced that justice will prevail. “This case presents a very important opportunity for the further development of the electoral jurisprudence of Nigeria,” he stated.
“This is not about privilege, individuals or the authority of the presidency. It is about one constitution, one standard for every Nigerian. Africans & The Diaspora
“No one is above the Constitution, not Atiku Abubakar, not Bola Tinubu, not the President of the Federal Republic of Nigeria.
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