Key Takeaways
- Atiku Abubakar, former Vice President of Nigeria, has filed a lawsuit against President Bola Ahmed Tinubu, challenging his qualification for the 2027 presidential election
- The lawsuit alleges that Tinubu presented a forged NYSC certificate to INEC, citing Section 137(1)(j) of the 1999 Constitution
- Atiku has also placed INEC on notice to produce Tinubu's Form CF001 submitted in connection with the 2023 and 2027 presidential elections
Atiku Abubakar, the Presidential Candidate of the African Democratic Congress (ADC), has personally appeared at the Registry of the Federal High Court, Abuja, to depose to an affidavit in support of a suit challenging the qualification of President Bola Ahmed Tinubu to contest the 2027 presidential election. The action, instituted by Atiku and the ADC against Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), invokes provisions of the 1999 Constitution and the Electoral Act, 2026.
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. The suit specifically asks the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over the plaintiffs' allegation that Tinubu presented a forged NYSC certificate to INEC in connection with the 2023 and 2027 presidential elections.
Allegations and Demands
In his affidavit, Atiku alleged 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 alleged 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.
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.
Broader Implications
The case goes beyond the certificate itself. 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 the pre-election stage and the removal of qualification as a ground for questioning an election.
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.
Why This Matters
This case raises a fundamental question for Nigeria's democracy: Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? The outcome of this lawsuit will have significant implications for the integrity of Nigeria's electoral process and the rule of law, as it seeks to establish whether President Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the plaintiffs' case is established.