THE Federal High Court in Abuja has scheduled October 13, 2026, to hear an application by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit challenging President Bola Tinubu’s eligibility for the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Monday after lawyers representing the parties confirmed that the relevant court processes had been served and regularised.
Counsel to Atiku and the ADC, Joseph Silas, told the court that responses from the defendants had been received, although he initially said Tinubu’s counter-affidavit had not reached him.
However, counsel to the President, Wole Olanipekun (SAN), informed the court that the counter-affidavit had been served on September 24. Justice Ekwo subsequently confirmed the proof of service filed by Tinubu’s legal team.
The court consequently adjourned the matter to October 13 for hearing of the motion seeking leave to amend the originating summons.
Atiku seeks changes to suit
Atiku and the ADC filed the substantive case against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), challenging Tinubu’s eligibility to contest the 2027 presidential election.
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The case, marked FHC/ABJ/CS/1888/2026, centres on allegations concerning an NYSC discharge certificate that the plaintiffs say was submitted to INEC.
Atiku and the ADC allege that the certificate contains a name different from the president’s official name and contend that the document amounts to a forged certificate. The allegations are contested by Tinubu and the APC and remain before the court for determination.
The plaintiffs are asking the court to make orders that would prevent Tinubu and the APC from participating in the 2027 presidential election.
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In their application filed earlier in September, Atiku and the ADC asked for permission to amend their originating summons and have the amended processes deemed properly filed.
They said the proposed changes were necessary after identifying errors in the original processes, including the description of an INEC form as Form CF001 rather than Form EC9A. They also sought to introduce additional details concerning their allegations and clearer copies of some exhibits.
Tinubu, APC and INEC oppose amendment
Tinubu has opposed the application, with his legal team arguing that the proposed amendments go beyond correcting errors and would introduce new facts, documents and reliefs into the case.
INEC has also challenged the proposed amendment, arguing that it would introduce a fresh cause of action after the constitutional deadline for pre-election matters had expired.
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The commission has separately challenged the competence of the substantive suit.
Tinubu and the APC have denied the allegations surrounding the NYSC certificate and are asking the court to dismiss the case. Their legal team has also raised objections concerning the competence of the action and the plaintiffs’ legal standing.
The federal high court will now determine on October 13 whether Atiku and the ADC should be allowed to amend their originating summons as requested.
