From Ndubuisi Orji, Abuja
Former Vice President Atiku Abubakar has filed a suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential poll.
Atiku, who is the 2027 presidential candidate of the African Democratic Congress (ADC), according to a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, deposed to an affidavit in support of the suit at the Federal High Court, Abuja, on Friday.
The statement noted that joined in the suit are the Independent National Electoral Commission (INEC) and the All Progressives Congress ( APC).
According to the statement, the former Vice President wants the court to determine whether Tinubu, who is the APC 2027 presidential candidate, and his APC should be disqualified from the 2027 presidential election over allegations bordering on the authenticity of the National Youth Service Corps (NYSC) certificate to INEC in respect of the 2027 polls.
It noted, “The action, instituted by Atiku and the ADC against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), invokes, among other provisions, Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution (as amended), as well as provisions of the Electoral Act, 2026.
“At the heart of the action is Section 137(1)(j) of the Constitution, which provides that a person shall not be qualified for election to the office of President if he has presented a forged certificate to INEC.”
According to the statement, “in his affidavit, Atiku alleges that Tinubu submitted to INEC an NYSC discharge certificate bearing the name ‘Tinubu Bola Adekunle’, which, according to the plaintiffs, is different from the President’s name, Bola Ahmed Tinubu.
“The affidavit further alleges that the same NYSC certificate was submitted in connection with the 2027 presidential election and contends that the document is not a certificate obtained by Tinubu. These are allegations that the plaintiffs have now placed formally before the Federal High Court for judicial determination.
“Significantly, Atiku has also placed INEC on notice to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections. The affidavit states that Atiku had applied for certified true copies of the relevant form before filing the suit but had received no response at the time the processes were prepared.”
Furthermore, the statement added that ‘Atiku and the ADC are also challenging provisions of the Electoral Act, 2026 which, according to their written address, effectively restrict who may challenge the qualification of a candidate at pre-election stage and the removal of qualification as a ground for questioning an election as envisaged by section 139(a)(i) of the Constitution which empowers the National Assembly to make laws that allows the questioning of whether a person elected into the office of President is qualified.
“Their argument is that legislation cannot be used to shut the door against enforcement of an express constitutional provision. They contend that where an Act of the National Assembly conflicts with the Constitution, the Constitution must prevail.”
“The originating summons asks the Federal High Court to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j), and ultimately whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the plaintiffs’ case is established.
“Among the substantive reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the grounds pleaded by the plaintiffs.”
(The Sun)