“Atiku Seeks Court’s Leave To Amend Suit Challenging Tinubu’s 2027 Candidacy” — Cites Errors In INEC Form Description

The presidential candidate of the African Democratic Congress, Atiku Abubakar, and his party have asked the Federal High Court in Abuja to grant them leave to amend their suit seeking to disqualify President Bola Tinubu and the All Progressives Congress from participating in the 2027 presidential election.
The plaintiffs are challenging Tinubu’s eligibility over the alleged submission of a purportedly forged National Youth Service Corps discharge certificate to the Independent National Electoral Commission.
In the originating summons marked FHC/ABJ/CS/1888/2026, Atiku and the ADC listed Tinubu, the APC and INEC as the first, second and third defendants, respectively.
In their motion on notice, the plaintiffs sought an order granting them leave to amend the originating summons and another order deeming the amended process already filed as properly filed and served.
They explained that after commencing the suit on August 14, 2026, they discovered errors in the description of the INEC forms referenced in their affidavit.
According to them, the relevant document was described as Form CF001 instead of Form EC9A, which is the form presently used for the submission of candidates’ personal particulars.
The plaintiffs also said they needed to set out expressly the particulars of the alleged fraud, include Atiku’s written deposition and attach clearer copies of the exhibits referenced in the suit.
They maintained that the particulars of the alleged fraud were already contained in the affidavit but required clearer presentation, adding that some of the improved copies of the exhibits were unavailable when the suit was initially filed.
Atiku and the ADC argued that granting the proposed amendments would serve the interest of justice.
Meanwhile, Tinubu and the APC have asked the court to dismiss the suit, arguing that it is incompetent and that the plaintiffs lack the locus standi to challenge the President’s candidacy.
In a joint counter-affidavit filed on September 9, the President and the ruling party denied submitting a forged certificate to INEC for either the 2023 or 2027 presidential election.
The counter-affidavit, deposed to through the APC Director of Legal Services, Sanusi Samaila, stated that Tinubu and the party did not submit Form CF001 to INEC for either election as alleged by the plaintiffs.
They also maintained that the NYSC had not denied issuing a discharge certificate to Tinubu at the end of his service year.
In a written address filed by their counsel, Akin Olujinmi, SAN, Tinubu and the APC argued that the allegation of forgery, being criminal in nature, must be proved beyond reasonable doubt under Section 135(1) of the Evidence Act.
Olujinmi submitted that proof of forgery ordinarily requires a disclaimer from the institution purported to have issued the disputed document.
He argued that Atiku and the ADC did not produce evidence from the NYSC Directorate denying that it issued the certificate in question.
The defendants further described the suit as hypothetical, academic and devoid of material facts. They also contended that it was incompetent as a pre-election matter and urged the court to uphold their preliminary objection and dismiss it.
Justice Inyang Ekwo has fixed September 28, 2026, for further proceedings in the suit.
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