Former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) have moved to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
The Federal High Court in Abuja on Monday adjourned the matter until October 13, 2026, for hearing of the plaintiffs’ application to amend the originating summons.
The suit, marked FHC/ABJ/CS/1888/2026, was filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC). It was listed for further mention before Justice Inyang Ekwo.
When the case was called, counsel to the plaintiffs, Joseph Silas, told the court that processes had been served on all the defendants within the stipulated period and that the plaintiffs had received and responded to their processes.
An earlier dispute over service of the originating processes on Tinubu had stalled proceedings in the case.
Counsel to the President, Chief Wole Olanipekun (SAN), reminded the court that at a previous hearing on September 1, 2026, counsel for the defendants had offered to receive the processes on behalf of Tinubu.
Olanipekun said the offer was rejected by the plaintiffs’ counsel, who later approached the court for an order permitting substituted service on the President.
The President’s lawyer alleged that the plaintiffs subsequently attempted to “deceive this court” by claiming they were unable to serve Tinubu.
Justice Ekwo, however, urged counsel to focus on the business of the day.
Silas subsequently informed the court of the plaintiffs’ application to amend their originating summons, saying counsel to the defendants had been served with the motion.
After confirming that the defendants’ lawyers had received the application, Justice Ekwo adjourned the matter.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend the originating summons,” the judge held.
Atiku and the ADC instituted the suit in August, challenging Tinubu’s eligibility to contest the 2027 presidential election.
The case centres, among other issues, on an allegation concerning the name on a National Youth Service Corps discharge certificate said to have been submitted to INEC and its alleged discrepancy with the President’s official name. The allegations are yet to be determined by the court.
The plaintiffs have also raised constitutional questions concerning the circumstances under which a presidential candidate’s qualification can be challenged before an election.
On September 16, Justice Ekwo granted the plaintiffs permission to serve Tinubu through the APC after they told the court that efforts to effect personal service on the President had proved difficult.
The APC subsequently challenged the substituted-service order, arguing that Tinubu’s lawyers had already collected the originating processes and filed his defence before the application was made.
Meanwhile, INEC has filed a response challenging the competence of the action, including arguments concerning the plaintiffs’ locus standi and alleged abuse of court process.
The substantive issues in the suit remain pending before the Federal High Court.
