FEDERAL HIGH COURT APPROVES ALTERNATIVE SERVICE IN ATIKU’S SUIT AGAINST TINUBU

The Federal High Court in Abuja has granted an application by former Vice-President Atiku Abubakar and the African Democratic Congress to serve President Bola Tinubu with court processes through the All Progressives Congress. Justice Inyang Ekwo granted the request on Wednesday after Atiku’s legal team told the court that attempts to personally serve the President with the originating summons had not been successful.

The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku and the ADC against Tinubu, the APC and the Independent National Electoral Commission. The plaintiffs are challenging Tinubu’s eligibility to contest the 2027 presidential election, with one of the major issues raised being an allegation concerning a National Youth Service Corps discharge certificate said to have been submitted to INEC.

At Wednesday’s proceedings, counsel representing Atiku and the ADC, O.T. Omotayo-Ojo, asked the court to permit the documents to be served on Tinubu through the APC, which is the second defendant in the case. Justice Ekwo granted the application after counsel undertook that the plaintiffs would complete the substituted service within seven days.

The President and the APC have opposed the suit and asked the court to dismiss it. In their response, they denied submitting any forged certificate to INEC and argued that the plaintiffs had not provided sufficient evidence to support the allegation. Their legal team also challenged the competence of the case and the legal standing of Atiku and the ADC to institute the action.

INEC has also filed a preliminary objection challenging the suit on several grounds, including statute-bar, lack of locus standi and alleged failure to comply with relevant pre-election procedural requirements. Following Wednesday’s ruling, Justice Ekwo adjourned the matter until September 28, when the suit is expected to come up for further mention.