Court fixes Oct 13 for Atiku, ADC bid to amend suit against

From Godwin Tsa, Abuja

The Federal High Court in Abuja has fixed October 13 for 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 yesterday after counsel for Atiku and the ADC, Joseph Silas, informed the court that the plaintiffs intended to amend their originating summons and that the relevant processes had been served on the defendants.

The suit, marked FHC/ABJ/CS/1888/2026, was filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).

At the centre of the action is an allegation by the plaintiffs concerning the National Youth Service Corps (NYSC) discharge certificate submitted in support of Tinubu’s qualification for the presidency. The allegation remains before the court and has not been determined.

Proceedings on Monday again touched on the controversy over service of court processes on the President, an issue that had featured prominently at earlier hearings.

Tinubu’s counsel, Chief Wole Olanipekun, told the court that counsel for the APC, Popoola Owosanya, had at an earlier sitting offered to receive the processes on behalf of the President, but the plaintiffs’ lawyers declined.

He argued that the plaintiffs subsequently approached the court for substituted service on the ground that they were unable to serve the President personally.

The court had on September 16 granted the plaintiffs leave to serve Tinubu through the APC after hearing their application for substituted service.

At Monday’s proceedings, Silas told 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, however, said the President’s counter-affidavit to the application had already been served on the plaintiffs on September 24, a position the court confirmed from the proof of service before it.

Justice Ekwo urged counsel to concentrate on the business before the court.

INEC has also raised preliminary objections to the suit, including questions over the plaintiffs’ locus standi and an allegation of abuse of court process.

After taking submissions from counsel, Justice Ekwo adjourned proceedings to October 13.

“This case is hereby adjourned until the 13th of October 2026 for hearing of the motion to amend originating summons,” the judge held.