Former Vice President, Atiku Abubakar and the African Democratic Congress, ADC, have asked the Federal High Court in Abuja for permission to amend their suit challenging President Bola Tinubu and the All Progressives Congress, APC, ahead of the 2027 presidential election.
The plaintiffs are seeking to disqualify Tinubu and the APC from participating in the election over an allegation that a forged National Youth Service Corps, NYSC, discharge certificate was submitted to the Independent National Electoral Commission, INEC.
The suit, marked FHC/ABJ/CS/1888/2026, also has INEC as the third defendant.
In a motion filed before Justice Inyang Ekwo, Atiku and the ADC asked the court to grant them leave to amend their originating summons and deem the amended processes as properly filed.
They said the amendment became necessary after they discovered errors in the nomenclature of some INEC forms attached to their affidavit, which were referred to as Form CF001 instead of Form EC9A.
The plaintiffs also said they needed to set out the particulars of the alleged fraud more specifically, include Atiku’s written deposition and attach clearer copies of exhibits referred to in the suit.
Tinubu and the APC, however, have asked the court to dismiss the case, arguing that it is incompetent and that the plaintiffs lack the legal standing to institute it.
In a joint counter-affidavit filed on September 9, the President and APC denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections.
They also said they did not submit Form CF001 to INEC for either election as alleged by the plaintiffs, adding that the NYSC had never denied issuing a discharge certificate to Tinubu after his service year.
In their written address, the defendants argued that allegations of forgery, being criminal, must be proved beyond reasonable doubt.
Their counsel, Chief Akin Olujinmi, SAN, argued that evidence from the institution alleged to have issued the disputed certificate would be required to establish that it was forged.
Olujinmi said Atiku and the ADC had not produced any evidence from the NYSC disclaiming the issuance of the discharge certificate to Tinubu.
He therefore urged the court to dismiss the suit, describing it as incompetent and lacking a proper basis for the plaintiffs’ claims.
The court has fixed September 28 for hearing in the case.
