The suit filed by the African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, seeking to disqualify President Bola Ahmed Tinubu from contesting the 2027 presidential election has stalled at the Federal High Court in Abuja over the failure to serve the President with the originating summons.
The matter came up on Tuesday before Justice Inyang Ekwo, but proceedings could not advance to the substantive issues raised in the suit after Atiku’s legal team informed the court that it had been unable to personally serve Tinubu with the court documents.
Counsel to the plaintiffs, Joseph Onu, told the court that efforts were being made to serve the President either personally or through substituted service.
However, a lawyer representing Tinubu reportedly attempted to receive the originating summons on behalf of the President, but Atiku’s counsel rejected the move.
Onu maintained that the plaintiffs wanted the documents served directly on Tinubu and, where personal service was not possible, through substituted service authorised by the court.
The dispute over service consequently prevented the court from taking further steps on the substantive claims contained in the suit.
Justice Ekwo thereafter adjourned the matter until September 28 for further mention.
The suit, instituted by Atiku, challenges Tinubu’s eligibility to seek another term as President in the 2027 election, with the plaintiffs relying on an alleged discrepancy in the name contained on a National Youth Service Corps (NYSC) discharge certificate submitted to the Independent National Electoral Commission (INEC).
According to the plaintiffs, the NYSC certificate bears the name “Tinubu Bola Adekunle,” while the President’s official name is “Bola Ahmed Tinubu.”
Atiku and the ADC are asking the court to determine whether the alleged discrepancy in the names affects Tinubu’s constitutional qualification to contest the 2027 presidential election.
The case was filed at the Federal High Court in Abuja on Friday, with Tinubu named as the defendant. It centres on the NYSC discharge certificate allegedly submitted to INEC as part of the documents required for Tinubu’s participation in the presidential election.
Tuesday’s proceedings therefore ended without the court considering the substantive questions raised by Atiku and the ADC, as the issue of proper service of the originating summons remained unresolved.
The case is now scheduled to return before Justice Ekwo on September 28 for further mention.
Tinubu defeated Atiku in the 2023 presidential election, and the two politicians are again positioning themselves for the 2027 presidential contest, with Tinubu seeking re-election on the platform of the All Progressives Congress (APC), while Atiku is the presidential candidate of the ADC.