INEC challenges Atiku’s suit seeking Tinubu’s disqualification over NYSC certificate

THE Independent National Electoral Commission (INEC) has challenged a lawsuit filed by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to stop President Bola Tinubu and the All Progressives Congress (APC) from participating in the 2027 presidential election.

Atiku, the ADC presidential candidate, and the party instituted the action at the Federal High Court Abuja over questions surrounding the National Youth Service Corps (NYSC) discharge certificate attributed to Tinubu.

In the suit, marked FHC/ABJ/CS/1888/2026, the plaintiffs are asking Justice Inyang Ekwo to disqualify Tinubu and the APC from the 2027 presidential race over an alleged submission of a forged NYSC discharge certificate to INEC.

They also want the court to direct the electoral commission to delete Tinubu’s name and that of the APC from the list of presidential candidates and political parties eligible to participate in the election.

However, INEC, in a preliminary objection filed on September 7 through its counsel, Alex Izinyon, SAN, urged the court to reject the case.

The commission argued that the suit was statute-barred, that Atiku and the ADC lacked the legal standing to institute it, and that the case disclosed neither a reasonable cause of action nor a proper basis for judicial intervention.

INEC further alleged that the plaintiffs failed to satisfy a mandatory requirement to file a written deposition under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026.

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The commission also questioned the competence of some of the reliefs sought by Atiku and the ADC, particularly Reliefs 2 and 3 in their originating summons.

INEC consequently asked the court to dismiss the suit. Tinubu and the APC have similarly opposed the action, asking the court to strike it out on grounds that it is incompetent and that the plaintiffs have no legal right to bring the case.

In a joint counter-affidavit filed on September 9, the president and the ruling party denied submitting a forged NYSC certificate to INEC in connection with either the 2023 or 2027 presidential elections.

They also disputed the claim that they submitted Form CF001 to INEC for either election.

The defendants, through APC Director of Legal Services, Sanusi Samaila, maintained that the claims made by Atiku and the ADC were unfounded.

They further argued that the NYSC had never denied issuing a discharge certificate to Tinubu after he completed his national service.