Former Vice President Atiku Abubakar and the African Democratic Congress (ADC) have moved to amend their legal challenge against President Bola Tinubu’s eligibility for the 2027 presidential election, with the Federal High Court in Abuja fixing October 13, 2026, to hear the application.
Justice Inyang Ekwo adjourned the case on Monday after Atiku’s counsel, Joseph Silas, informed the court that the plaintiffs had served the defendants with the relevant processes and had received responses to their filings.
The latest development shifts attention from the earlier dispute over service of court documents to the substance of the plaintiffs’ request to alter their originating summons.
The suit, filed by Atiku and the ADC, names President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as defendants.
Atiku and the ADC are seeking judicial determination of issues they say affect Tinubu’s qualification to contest the 2027 presidential election.
The amendment application became the central issue before Justice Ekwo after the plaintiffs notified the court that all parties had been served.
Silas told the court that the defendants had been put on notice of the application. After confirming that the lawyers had received the processes, Justice Ekwo adjourned proceedings to October 13 for the application to be heard.
The case had previously encountered procedural delays over the service of the originating summons on Tinubu.
In September, the court authorised the plaintiffs to serve the President through the APC after Atiku’s lawyers said they had encountered difficulty effecting personal service.
That order followed an earlier appearance in which lawyers representing Tinubu indicated that they were prepared to receive the court documents.
At the centre of the case is an allegation concerning an NYSC discharge certificate said by the plaintiffs to have been submitted to INEC.
According to the court documents reported by multiple outlets, Atiku’s case raises questions about the name appearing on the certificate and whether the document was properly presented to the electoral commission.
The plaintiffs have argued that the alleged certificate discrepancy has implications for Tinubu’s constitutional eligibility.
The substantive allegations remain matters for the court to determine. Tinubu and his legal representatives have challenged the competence of the action and disputed the basis of Atiku’s claims.
The dispute therefore involves both the underlying eligibility allegations and preliminary legal questions about whether the suit can proceed.
INEC has separately filed processes contesting the competence of the case.
Among the issues raised against the action are questions concerning the plaintiffs’ locus standi, the applicable statutory time limits and alleged abuse of court process.
Tinubu’s legal team has also sought dismissal of the case, arguing that the action is legally defective.
The President’s lawyers have disputed the allegation concerning the certificate and challenged the legal basis on which Atiku and the ADC are seeking to prevent Tinubu and the APC from participating in the 2027 election.
The competing filings mean that the court will first have to address procedural and jurisdictional questions before the substantive allegations can be conclusively determined, depending on the court’s rulings.
The immediate next step is the hearing of the application to amend the originating summons on October 13, 2026.
Key developments to watch include:
- Whether the Federal High Court grants Atiku and the ADC permission to amend their originating summons.
- The specific changes the plaintiffs seek to introduce into the case.
- The defendants’ responses to the proposed amendments.
- The court’s determination of objections raised by Tinubu, the APC and INEC.
- Whether the substantive eligibility claims proceed to full determination.
The amendment request is significant because the originating summons defines the questions the court is being asked to determine. Any permitted changes could therefore affect the issues that ultimately come before the court.
For now, however, the Federal High Court has not made a determination on the allegations against Tinubu. The case remains pending, with October 13 fixed for the next major procedural step.
