The electoral body argues the lawsuit challenging President Bola Tinubu's eligibility lacks reasonable cause of action and that Atiku Abubakar lacks the legal standing to file it.

Nigeria's Independent National Electoral Commission (INEC) has firmly stated that the lawsuit initiated by Atiku Abubakar, the presidential candidate for the African Democratic Congress (ADC), challenging President Bola Tinubu's eligibility to participate in the 2027 election constitutes an 'abuse of court process.' The electoral body has filed an objection and counter-affidavit, urging the court to dismiss the case.

INEC contends that Atiku Abubakar's suit fails to present a reasonable cause for legal action and that the plaintiff lacks the necessary legal standing, or locus standi, to bring such a matter before the court. The commission described the legal challenge as both hypothetical and academic.

Atiku Abubakar, along with the ADC, had taken President Tinubu, the All Progressives Congress (APC), and INEC to court. They are seeking President Tinubu's disqualification from the 2027 presidential election based on various alleged eligibility grounds, according to reporting by Daily Post Nigeria.

Why INEC Seeks Dismissal of Atiku's Suit

In its counter-affidavit, deposed to by Ayuba Mohammed, an Administrative Officer in INEC’s Litigation and Prosecution Department, the commission clarified its operational role. INEC emphasized that it does not nominate candidates for political parties, nor does it originate, manufacture, or procure the personal certificates or credentials submitted by candidates or their sponsoring political parties. The commission's responsibility involves receiving documents submitted in accordance with its constitutional and statutory duties, processing these records under the Constitution, the Electoral Act, 2026, and applicable guidelines.

Dr. Alex Izinyon, SAN, who filed INEC's objection, highlighted a crucial point: the mere receipt or custody of a document by INEC does not constitute a judicial or administrative determination of the authenticity of every statement or credential within it. Izinyon admitted certain paragraphs of the plaintiffs' affidavit only to the extent that Atiku Abubakar is the ADC's presidential candidate and that the Constitution prescribes qualifications and disqualifications for elective offices.

Regarding Section 137(1)(j) of the Constitution, which deals with presenting a forged certificate, Izinyon stated that this section applies only to a person "who is proved, in accordance with law, to have presented a forged certificate." He further clarified that a mere allegation of a forged certificate, without concrete proof of both its presentation and the alleged forgery, does not automatically trigger the constitutional disqualification.

Atiku's Challenge to President Tinubu's Qualification

Atiku Abubakar's suit is primarily focused on challenging President Tinubu's qualification to contest the 2027 election. He has asked the court to invoke sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution (as amended), along with provisions of the Electoral Act, 2026, to determine President Tinubu's eligibility.

In his supporting affidavit, Atiku alleged that President Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle.” Atiku claims this name differs from the President’s known name, Bola Ahmed Tinubu, and that the certificate submitted for the 2027 presidential election is not genuinely President Tinubu's. He has also formally requested INEC to produce President Tinubu's Form CF001, submitted for both the 2023 and 2027 presidential elections.

Atiku Abubakar stressed the need for clarity, stating, "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.”

Challenging Electoral Act Restrictions on Eligibility

Beyond the alleged certificate issue, Atiku Abubakar and the ADC are also contesting specific provisions of the Electoral Act, 2026. Their challenge targets sections that restrict who may legally question a candidate's qualification at the pre-election stage and those that remove qualification as a legitimate ground for questioning an election outcome, as outlined in Section 139(a)(i) of the Constitution.

Atiku and the ADC argue that such legislation cannot override an express constitutional provision. They maintain that in any instance where an Act of the National Assembly conflicts with the Constitution, the Constitution must always prevail. Their originating summons specifically asks the Federal High Court to determine if these statutory restrictions can prevent them from invoking Section 137(1)(j) and ultimately whether President Tinubu and the APC should be disqualified from the 2027 presidential election if their case is proven.

Frequently Asked Questions

What is Atiku Abubakar's lawsuit about?

Atiku Abubakar's lawsuit challenges President Bola Tinubu's eligibility for the 2027 presidential election, primarily based on an alleged forged NYSC certificate and other constitutional grounds. He seeks President Tinubu's disqualification.

Why does INEC consider the suit an "abuse of court process"?

INEC argues the suit is hypothetical, academic, and lacks a reasonable cause of action. The commission also asserts that Atiku Abubakar lacks the necessary legal standing (locus standi) to institute the matter before the court.

What is the alleged certificate forgery Atiku claims?

Atiku alleges that President Tinubu submitted an NYSC certificate with the name "Tinubu Bola Adekunle," which he claims differs from the President's official name, Bola Ahmed Tinubu. He contends this certificate is not genuinely the President's.

What is Section 137(1)(j) of the Nigerian Constitution?

This section of the 1999 Constitution (as amended) specifies that a person shall be disqualified from election to the Office of President if proven, in accordance with law, to have presented a forged certificate to the Independent National Electoral Commission (INEC).

What is the next step in this legal challenge?

The Federal High Court will now consider INEC's filed objection and counter-affidavit, alongside Atiku Abubakar's originating summons. The court will determine the validity of INEC's arguments for dismissal and then address the substantive issues raised in the suit.