The presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, on Friday, August 14, personally deposed to an affidavit at the Federal High Court in support of a legal action seeking to disqualify President Bola Ahmed Tinubu from participating in the 2027 presidential election.
The suit, instituted alongside the ADC against President Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), hinges on constitutional provisions governing educational qualifications and document authenticity. The legal action specifically invokes Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution as amended, alongside provisions of the Electoral Act 2026.
Central to the lawsuit is the allegation that President Tinubu submitted a National Youth Service Corps (NYSC) discharge certificate bearing the name “Tinubu Bola Adekunle,” which the plaintiffs contend differs from his official identity of Bola Ahmed Tinubu. The suit asks the court to determine whether the presentation of the document violates Section 137(1)(j) of the Constitution, which prohibits candidates who present forged credentials to the electoral body from seeking executive office.
Speaking after taking the oath, Atiku emphasized that his physical presence at the court registry was intended to underscore the gravity of the constitutional challenge.
“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.”
In his affidavit, Atiku stated that INEC has been placed on official notice to produce the relevant qualification forms submitted in connection with presidential elections, noting that formal applications for certified true copies had been filed prior to initiating court proceedings.
“This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court. We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it. If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it.”
Beyond the document discrepancies, the lawsuit challenges statutory limitations within the Electoral Act 2026 that restrict who may challenge candidate eligibility at pre-election stages. The plaintiffs argue that ordinary legislation cannot override constitutional mandates or shield candidates from scrutiny.
“This case raises a fundamental question for our democracy. Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”
“Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The standard cannot suddenly disappear because the applicant is seeking the highest office in the land. The Presidency is not an immunity certificate against constitutional scrutiny.”
Calling on the electoral umpire to demonstrate strict neutrality by surrendering all relevant filings to the court, Atiku maintained that resolving candidate eligibility prior to the ballot remains vital to safeguarding democratic norms:
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it. The 2027 election must begin with clarity about the qualification of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later.”
“I have sworn to my case before the law. I am prepared to be held accountable for what I have placed before the court. President Tinubu should equally be prepared to answer the case against him before the law. This is not about privilege, personalities or presidential power. It is about one Constitution and one standard for every Nigerian.”
