2027: INEC Asks Court To Dismiss Atiku’s Suit Over Tinubu Certificates, Gives Reason

The Independent National Electoral Commission (INEC) has requested the Federal High Court in Abuja to dismiss the lawsuit challenging President Bola Tinubu over allegations of presenting forged credentials to secure presidential qualification.

In a counter-affidavit submitted by its legal team, headed by Senior Advocate of Nigeria Dr. Alex Izinyon, the commission asserted that the action brought by former Vice President and African Democratic Congress presidential candidate Atiku Abubakar amounts to a gross abuse of judicial process.

The electoral umpire maintained that the suit fails to disclose any reasonable cause of action and that Atiku lacks the locus standi to institute it, rendering the issues raised purely academic and hypothetical.

Supporting the counter-affidavit through a deposition by Ayuba Mohammed, an Administrative Officer in its Litigation and Prosecution Department, the commission noted that while it handles candidate filings pursuant to the 1999 Constitution and Electoral Act 2026, it does not manufacture, originate, or verify the authenticity of candidate documents provided by political parties.

Addressing the substantive arguments, the commission’s deponent deposed: “That in answer to paragraphs 4 and 5 of the Plaintiffs’ Affidavit, section 137 of the Constitution speaks for itself and applies in accordance with its terms to a person who is proved, in accordance with law, to have presented a forged certificate to the 3rd Defendant.”

Clarifying its position on the disqualification claims, the deponent added: “That the 3rd defendant denies any suggestion that a mere allegation that a forged certificate was presented, without proof of the fact of presentation and of the alleged forgery, automatically activates the constitutional disqualification prescribed by section 137(1)(j) of the Constitution.”

Regarding the upcoming electoral process, the deponent noted: “That in respect of the 2027 Presidential Election, the 2nd Defendant submitted the name and particulars of the 1st Defendant to the 3rd Defendant as its nominated Presidential Candidate in accordance with the prescribed nomination process.”

The legal action—marked FHC/ABJ/CS/1888/2026 and adjourned by Justice Inyang Ekwo to September 28 for further proceedings—joins the ADC as co-plaintiff against President Tinubu, the All Progressives Congress, and INEC.

Atiku’s 25-paragraph personal affidavit alleges that the National Youth Service Corps discharge certificate tendered to the commission bears the name “Tinubu Bola Adekunle.”

Affirming his allegations in the sworn court document, Atiku deposed: “I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle.”

He stated further: “The said NYSC certificate, bearing the name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2,” and added: “I know that the said NYSC certificate is still in existence and in the custody of the 3rd defendant (INEC), and that it is a forgery, as the 1st defendant’s name is not Adekunle, and yet he submitted it to the 3rd defendant to be acted upon as genuine.”

Atiku consequently urged the court to resolve: “Whether, in view of the limitations in section 138(1)(a) & (b) of the Electoral Act, 2026, and section 285(14)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the Plaintiffs will not be allowed to enforce the binding provision of section 137(1)(j) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), which applies, mutatis mutandis, to all candidates aspiring to the office of President of the Federal Republic of Nigeria”; and “Whether the 1st and 2nd Defendants should be disqualified for presenting a forged NYSC certificate to the 3rd Defendant for the 2023 and 2027 Presidential Elections, in breach of section 137(1)(j) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).”

Upon determination, the plaintiffs are praying for a “declaration that the 1st Defendant presented a forged certificate to the 3rd Defendant when he contested for Governor of Lagos State in 1999, and thereby breached the provision of section 137(1)(j) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended)”, as well as “An order disqualifying the 1st and 2nd Defendants from participating in the 2027 Presidential Election, for presenting a forged certificate to the 3rd Defendant when the 1st Defendant contested for Governor of Lagos State in 1999.”