Politics
Atiku Seeks Court’s Permission to Amend Suit Against Tinubu, APC
Atiku Abubakar and the ADC want to amend their pre-election suit challenging Tinubu’s 2027 candidacy over allegations concerning an NYSC discharge certificate.
Former Vice President Atiku Abubakar and the African Democratic Congress (ADC) have asked the Federal High Court in Abuja for permission to amend their suit challenging President Bola Tinubu and the All Progressives Congress (APC) ahead of the 2027 presidential election.
The application is connected to allegations concerning an allegedly forged National Youth Service Corps (NYSC) discharge certificate said by the plaintiffs to have been submitted to the Independent National Electoral Commission (INEC).
Justice Inyang Ekwo, who presided over the matter on Monday, fixed October 13, 2026, for hearing of the application after lawyers representing the parties appeared before the court to regularise their processes.
Atiku's counsel, Joseph Silas, told the court that responses had been received from some of the defendants but said he had not received President Tinubu's counter-affidavit opposing the application.
Tinubu's lawyer, Chief Wole Olanipekun, SAN, however, informed the court that the President's counter-affidavit had already been served on the plaintiffs on September 24.
The judge subsequently confirmed the proof of service and adjourned the matter to October 13.
In their proposed amendment, Atiku and the ADC said they had discovered errors in their original court processes, particularly in the description of documents attached to their affidavit.
They want to correct a reference to a document as Form CF001, saying the relevant current form is Form EC9A.
The plaintiffs are also seeking to include additional details relating to their allegations, a written deposition by Atiku and clearer copies of some exhibits which they said were unavailable when the suit was initially filed.
They maintain that the proposed amendments would not introduce a new issue or additional relief into the case.
Tinubu has opposed the application, arguing through his legal team that the proposed amendments go beyond the correction of clerical or documentary errors.
The President's lawyers contend that Atiku and the ADC are attempting to introduce new issues, documents and reliefs into the existing case.
Tinubu and the APC have also denied the allegation that a forged NYSC certificate was submitted to INEC on the President's behalf. They have argued that the NYSC has not disclaimed the issuance of Tinubu's discharge certificate and have urged the court to dismiss the substantive suit.
INEC has separately challenged the competence of the case, raising objections including statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.
The electoral commission also argues that allowing the proposed amendments could amount to introducing a fresh cause of action or attempting to cure alleged jurisdictional defects after the constitutionally prescribed period for bringing a pre-election matter.
The substantive suit, marked FHC/ABJ/CS/1888/2026, seeks an order directing INEC to remove Tinubu and the APC from the list of presidential candidates and political parties for the 2027 election.
The allegations concerning the NYSC certificate remain contested, with Tinubu and the APC denying wrongdoing.
The Federal High Court has yet to determine the substantive allegations. The immediate issue before the court is whether Atiku and the ADC should be allowed to amend their existing court processes.