Court Opens New Front in Atiku-Tinubu Certificate Battle

The Federal High Court in Abuja has granted former Vice President Atiku Abubakar permission to serve Tinubu with court papers through the All Progressives Congress (APC), after attempts to personally serve the President reportedly failed.

Justice Inyang Ekwo issued the order on Wednesday following an ex-parte application by Atiku’s legal team.

At the heart of the explosive lawsuit is an allegation by Atiku and the African Democratic Congress (ADC) that the APC submitted a forged NYSC discharge certificate belonging to Tinubu to the Independent National Electoral Commission (INEC).

The allegation has been firmly denied by Tinubu and the APC.

‘FORGED CERTIFICATE’ CLAIM ROCKS 2027 RACE
Atiku and the ADC are asking the court to disqualify Tinubu and the APC from the 2027 presidential election and direct INEC to remove their names from the list of candidates and parties.

Their suit, FHC/ABJ/CS/1888/2026, places Tinubu, the APC and INEC directly at the centre of the legal battle.

But the defendants are fighting back.

In a joint counter-affidavit filed on September 9, Tinubu and the APC denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections.

They also denied submitting Form CF001 to INEC for either election in the manner alleged by the plaintiffs.

TINUBU, APC: ‘DISMISS THE SUIT’
The President and APC have asked the court to dismiss the case, arguing that the plaintiffs have no legal basis to institute it.

Their lawyer, Chief Akin Olujinmi, SAN, also attacked the forgery allegation, arguing that because forgery constitutes a criminal offence, it must be proved beyond reasonable doubt.

The defence further contends that evidence from the institution alleged to have issued the certificate would be crucial to proving that it was forged.

According to the defence, the plaintiffs have produced no evidence from the NYSC disclaiming the issuance of Tinubu’s discharge certificate.

The defendants therefore contend that the case is hypothetical, academic and incompetent.

INEC JOINS THE BATTLE
INEC has also moved to have the case dismissed.

In its preliminary objection, filed through Dr Alex Izinyon, SAN, the electoral commission challenged the suit on several grounds, including alleged statute-bar, lack of legal standing, absence of a reasonable cause of action and alleged abuse of court process.

INEC also argues that the plaintiffs failed to meet mandatory requirements under the Federal High Court’s amended pre-election practice directions.

7 DAYS TO SERVE PRESIDENT
For now, the court has cleared the immediate procedural hurdle.

Justice Ekwo ordered that the documents be served through the APC within seven days.

The case has been adjourned until September 28 for mention.

The next court session could therefore provide another major chapter in the escalating legal confrontation over Tinubu’s eligibility for the 2027 presidential contest.

The certificate allegation remains contested: Atiku and the ADC are pressing the claim in court, while Tinubu and the APC categorically deny submitting any forged certificate. The court has yet to determine the merits of the allegations.