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African Democratic Congress (ADC) presidential candidate Atiku Abubakar personally showed up at the Federal High Court registry in Abuja on Friday to depose an affidavit supporting a lawsuit that seeks to invalidate President Bola Ahmed Tinubu’s eligibility for the 2027 presidential race.
This disclosure came through an official release signed by Phrank Shaibu, Senior Special Assistant on Public Communication to Atiku Abubakar.
The legal challenge is spearheaded by Atiku and the ADC against President Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), leveraging sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution along with the Electoral Act, 2026.
The primary argument rests on Section 137(1)(j), which bars anyone who submits a forged document to INEC from running for president, specifically claiming that an altered NYSC certificate was presented for both the 2023 and upcoming 2027 elections.
Explaining why he took the oath in person, Atiku stated, “I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.”
According to the affidavit, the contested NYSC discharge certificate carries the name “Tinubu Bola Adekunle”, which differs from the President’s recognized name, Bola Ahmed Tinubu.
Furthermore, the legal team has formally notified INEC to produce past candidate submission forms. Stressing the need for judicial clarity, Atiku added, “This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court. We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.”
He further challenged, “If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it. These are questions that deserve answers, not political insults or presidential silence.”
The lawsuit also challenges specific clauses in the Electoral Act, 2026, which attempt to limit pre-election qualifications and alter constitutional review mechanisms.
Arguing the supremacy of the foundational law, Atiku asserted, “This case therefore raises a fundamental question for our democracy. Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”
Drawing comparisons to everyday credential vetting for citizens, Atiku emphasized that the highest office cannot evade basic verification. “Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The standard cannot suddenly disappear because the applicant is seeking the highest office in the land. The Presidency is not an immunity certificate against constitutional scrutiny.”
He added regarding INEC’s role, “INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it. The 2027 election must begin with clarity about the qualification of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later.”
Concluding his remarks, Atiku maintained, “I have sworn to my case before the law. I am prepared to be held accountable for what I have placed before the court. President Tinubu should equally be prepared to answer the case against him before the law. This is not about privilege, personalities or presidential power. It is about one Constitution and one standard for every Nigerian. Nobody is above the Constitution — not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria.”
Meanwhile, plaintiff attorneys Edwin Inegedu, SAN, and Joseph Onu Silas, Esq., confirmed their readiness to pursue the matter through the legal process.
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