Court Adjourns Atiku, ADC Bid to Amend Tinubu's Eligibility Case

The Federal High Court in Abuja has set October 13, 2026, as the date for hearing an application to amend the initial court filing in a suit initiated by former Vice President Atiku Abubakar and the African Democratic Congress (ADC). This legal action targets President Bola Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), challenging Tinubu's eligibility for the 2027 presidential election. The case, marked FHC/ABJ/CS/1888/2026, was brought before Justice Inyang Ekwo for further mention on Monday.

During the court session, Joseph Silas, representing the plaintiffs, confirmed that all defendants had received the necessary court documents within the stipulated period. He also stated that the plaintiffs had received and responded to the processes filed by the defendants. This development follows an earlier contention regarding the proper service of documents on the first defendant, which had previously caused delays in the proceedings.

Chief Wole Olanipekun, SAN, who is counsel for the President, reminded the court about a prior hearing on September 1, 2026. He recounted that Popoola Owosanya, representing the second defendant, had offered to accept the court processes on behalf of the first defendant. Olanipekun further informed the court that the plaintiffs' counsel rejected this offer and subsequently sought an order for substituted service on President Tinubu. He then accused the plaintiffs of attempting to “deceive this court” by later claiming they were unable to effect personal service on the first defendant. Justice Ekwo, however, urged the lawyers to concentrate on the day’s scheduled business.

Silas then notified the court of the plaintiffs’ application to amend their originating summons, confirming that the defendants’ legal representatives had been served with this application. After verifying that the application had indeed reached all parties, Justice Ekwo adjourned the matter. The judge stated, “This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons.”

According to reports by PUNCH Online, Atiku and the ADC filed this suit in August, disputing President Tinubu’s qualification to contest the 2027 presidential polls. A central point of their argument is an alleged discrepancy concerning the name on a National Youth Service Corps (NYSC) discharge certificate submitted to INEC and the President’s officially recognised name. This specific allegation constitutes one of the substantive issues that the court is yet to resolve.

Previously, on September 16, the court had permitted the plaintiffs to serve President Tinubu through the APC after they asserted difficulties in achieving personal service. The APC, in turn, challenged this order, arguing that President Tinubu's legal team had already collected the initial court processes and submitted his defence before the application for substituted service was even made. Separately, INEC has also filed its own response, questioning the legal validity of the action, including arguments related to the plaintiffs’ right to sue (locus standi) and an alleged abuse of court procedures.