ABUJA — The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to dismiss a suit filed by former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, challenging President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) certificate.
INEC, in a counter-affidavit filed before the court, described the suit as a gross abuse of the judicial process, arguing that it failed to disclose any reasonable cause of action and should therefore be dismissed in its entirety.
The electoral commission’s response was filed through its legal team led by Senior Advocate of Nigeria (SAN), Dr. Alex Izinyon.
According to INEC, Atiku lacks the legal standing, or locus standi, to institute the action, while the issues raised by the plaintiffs were described as hypothetical and academic.
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The counter-affidavit was supported by an affidavit deposed to by Ayuba Mohammed, an Administrative Officer in INEC’s Litigation and Prosecution Department.
While the commission did not make a determination on whether President Tinubu’s educational credentials were authentic or forged, it maintained that its role as the electoral umpire does not include producing, procuring or manufacturing the certificates and credentials submitted by candidates or the political parties sponsoring them.
INEC told the court that, in carrying out its constitutional and statutory responsibilities, it receives documents submitted by candidates and processes them in accordance with the 1999 Constitution, as amended, the Electoral Act 2026, and applicable regulations and guidelines.
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The commission further argued that merely receiving a document submitted by or on behalf of a candidate does not amount to a judicial or administrative determination by INEC that every statement or credential contained in the document is authentic.
It also pointed out that the Constitution already provides the qualifications and disqualifications applicable to candidates seeking elective offices.
On the constitutional provision concerning forged certificates, INEC argued that Section 137(1)(j) of the Constitution would only apply where a person is proved, in accordance with the law, to have presented a forged certificate.
The commission maintained that an allegation alone cannot automatically trigger the constitutional disqualification.
INEC stated in its filing that, with respect to the 2027 presidential election, the APC submitted the name and particulars of President Tinubu to the commission as its nominated presidential candidate in accordance with the prescribed nomination process.
Atiku’s Allegation
The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku Abubakar, with the African Democratic Congress (ADC) joined as the second plaintiff.
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President Tinubu, the All Progressives Congress (APC), and INEC were listed as the first, second and third defendants respectively.
In a 25-paragraph affidavit personally deposed to in support of the suit, Atiku alleged that President Tinubu submitted a bogus NYSC discharge certificate to INEC as part of the documents used to establish his qualification to contest the presidency.
Atiku further alleged that Tinubu provided false information in the Form CF0001 submitted to INEC.
A major point raised by the plaintiffs concerns the name appearing on the NYSC certificate allegedly submitted to the electoral commission.
According to Atiku, the certificate bears the name “Tinubu Bola Adekunle”, which he contends does not correspond with President Tinubu’s name.
Atiku alleged that the certificate belongs to another person identified as Adekunle and claimed that the document was subsequently presented to INEC as genuine.
The former vice president further alleged that the certificate had been associated with Tinubu since 1999, when he contested the Lagos State governorship election.
The plaintiffs are asking the court to determine whether, in view of the relevant provisions of the Electoral Act 2026 and the Constitution, they can enforce the constitutional provision dealing with the presentation of forged certificates by a presidential candidate.
They are also asking the court to determine whether President Tinubu and the APC should be disqualified from participating in the 2027 presidential election over the alleged presentation of the NYSC certificate.
Among the reliefs being sought is a declaration that President Tinubu presented a forged certificate to INEC when he contested the Lagos State governorship election in 1999.
The plaintiffs are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the basis of the alleged certificate.
Court Sets September 28 for Further Proceedings
Justice Inyang Ekwo of the Federal High Court, Abuja, had earlier fixed September 28, 2026, for further proceedings in the matter.
The case is expected to place before the court competing arguments over the scope of INEC’s responsibilities in relation to candidates’ credentials, the legal standing of the plaintiffs, and the constitutional consequences of an allegation that a forged certificate was presented to the electoral commission.
For now, the allegation against President Tinubu remains a matter before the court, while INEC has urged the judge to dismiss the case.
The court’s eventual determination is expected to clarify the legal issues raised by the plaintiffs and the objections contained in INEC’s counter-affidavit.
