The Federal High Court in Abuja has fixed October 13, 2026, for the hearing of 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 to contest the 2027 presidential election.
Justice Inyang Ekwo fixed the date after hearing submissions from lawyers representing the parties during proceedings on Monday.
Counsel to Atiku and the ADC, Joseph Silas, informed the court that the plaintiffs intended to amend their originating summons and had served the relevant processes on the defendants.
The suit, marked FHC/ABJ/CS/1888/2026, was instituted against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
At the heart of the case is the plaintiffs’ allegation concerning the National Youth Service Corps (NYSC) discharge certificate submitted in support of Tinubu’s presidential qualification. The allegation remains before the court and has not been judicially determined.
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Dispute Over Service of Court Processes
Monday’s proceedings also revisited the controversy surrounding the service of court documents on President Tinubu, an issue that has featured prominently at previous hearings.
Tinubu’s counsel, Chief Wole Olanipekun, told the court that the APC’s lawyer, Popoola Owosanya, had earlier offered to accept the processes on behalf of the President, but the plaintiffs’ legal team declined the offer.
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Olanipekun argued that the plaintiffs subsequently approached the court for an order permitting substituted service, claiming they had been unable to serve the President personally.
However, on September 16, the court granted the plaintiffs permission to serve Tinubu through the APC after considering their application for substituted service.
During Monday’s hearing, Silas informed the court that the defendants had been served with the processes relating to the proposed amendment and that the plaintiffs had received responses from the other parties.
Olanipekun countered that the President’s counter-affidavit opposing the application had already been served on the plaintiffs on September 24.
The court confirmed the service from the proof of service presented before it.
Justice Ekwo subsequently urged the lawyers to focus on the matter scheduled for consideration rather than prolonging arguments over procedural issues.
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INEC Raises Preliminary Objections
Meanwhile, INEC has filed preliminary objections challenging the suit, raising questions about the plaintiffs’ locus standi, or legal right to institute the action, as well as alleging an abuse of court process.
The objections form part of the legal issues to be addressed as the case progresses.
After listening to submissions from counsel representing the parties, Justice Ekwo adjourned the proceedings to October 13, 2026, for the hearing of the plaintiffs’ application to amend their originating summons.
“This case is hereby adjourned until the 13th of October 2026 for hearing of the motion to amend originating summons,” the judge ruled.
The October hearing will focus on whether the plaintiffs should be allowed to amend their court processes as they pursue their challenge to Tinubu’s eligibility for the 2027 presidential election.
