The Federal High Court in Abuja has adjourned to October 13, 2026, the hearing of a motion by former vice-president Atiku Abubakar and the African Democratic Congress, seeking leave to amend their originating summons in a suit that challenges President Bola Tinubu’s eligibility for the 2027 presidential election.
The suit, filed by Atiku and the ADC against Tinubu, the All Progressives Congress and the Independent National Electoral Commission, is recorded as FHC/ABJ/CS/1888/2026. The plaintiffs’ case centres on an alleged discrepancy involving a National Youth Service Corps discharge certificate the party says was submitted to INEC by the APC.
What happened in court
When the case was called before Justice Inyang Ekwo on Monday, counsel for the plaintiffs, Joseph Silas, told the court that processes had been served on the defendants and that the plaintiffs had responded to those processes, according to PUNCH. The judge adjourned the matter to October 13 for hearing of the motion to amend the originating summons. PUNCH quoted the judge as saying, “This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons.” PUNCH.
Vanguard reported that counsel to Atiku told the court he had received responses from other respondents but had not yet received President Tinubu’s counter-affidavit to the motion to amend. Vanguard also reported that Chief Wole Olanipekun, SAN, lead counsel for the president, informed the court their counter-affidavit was served on the plaintiffs on September 24 and that the judge confirmed proof of service. Vanguard.
Reasons for the proposed amendment and responses
Vanguard reported that Atiku and the ADC applied to amend the originating summons to correct errors they said were in the papers filed earlier. The plaintiffs told the court they needed to correct the nomenclature of the INEC form attached to their affidavit, replacing a reference to Form CF001 with the current Form EC9A; they also said they wished to add a written deposition by the first plaintiff and attach clearer copies of exhibits. The applicants said no new issue or additional relief was being introduced, according to Vanguard. Vanguard.
Vanguard further reported that President Tinubu and the APC opposed the amendment in a counter-affidavit filed on September 24. They asked the court to dismiss the suit as incompetent and denied submitting any forged certificate to INEC. The counter-affidavit says the amendment attempts to alter the plaintiffs’ case by introducing new reliefs and documents. The statement was deposed by Moses Adoga of the law firm acting for Tinubu, per Vanguard. Vanguard.
INEC and service issues
Both outlets reported that INEC has filed a preliminary objection challenging the competence of the action. The commission argues, among other points, that the plaintiffs failed to comply with pre-election practice directions and raised issues of locus standi and alleged abuse of court process. Vanguard, PUNCH.
PUNCH also recalled earlier disputes over service. The court on September 16 granted the plaintiffs permission to serve Tinubu through the APC after the plaintiffs said personal service proved difficult. The APC has challenged that order, saying its lawyers had already collected the originating processes and filed a defence before the substituted-service application was made. PUNCH.
The matter will return to court on October 13 for the hearing of the motion to amend the originating summons.
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