Susan Abayomi
President Bola Tinubu and the All Progressives Congress (APC) have asked the Federal High Court in Abuja to dismiss a suit filed by former Vice President and Action Democratic Congress (ADC) presidential candidate, Atiku Abubakar, over an alleged forged National Youth Service Corps (NYSC) discharge certificate.
Atiku and the ADC instituted the suit, marked FHC/ABJ/CS/1888/2026, against Tinubu, the APC and the Independent National Electoral Commission (INEC), seeking, among other reliefs, the disqualification of the President and the APC from the 2027 presidential election.
The plaintiffs alleged that Tinubu presented a forged NYSC discharge certificate to INEC.
However, in a joint counter-affidavit dated September 8 and filed before the court, Tinubu and the APC denied the allegation, insisting that the President did not submit any forged certificate to INEC for either the 2023 or 2027 presidential elections.
The APC Director of Legal Services, Sanusi Samaila, who deposed to the counter-affidavit, also disputed the claim that Tinubu submitted a Form CF001 to INEC for the elections as alleged by the plaintiffs.
Samaila stated that the NYSC had never disowned the discharge certificate issued to Tinubu after his service year.
He maintained that none of the documents submitted by Tinubu to INEC in connection with the 2023 and 2027 presidential elections was forged, adding that the President’s educational qualifications and NYSC certificate were accepted by the electoral commission.
According to him, INEC subsequently published Tinubu’s name and particulars as the APC presidential candidate for the 2023 election and the forthcoming 2027 election.
The APC also argued that Atiku and the ADC lacked the legal standing to challenge Tinubu’s emergence as the party’s presidential candidate because neither the former vice president nor his party participated in the APC presidential primary.
In a written address filed alongside the application, Tinubu’s counsel, Chief Akin Olujimi, challenged the competence of the suit and urged the court to dismiss it.
Olujimi argued that an allegation of forgery, being a criminal allegation, must be established beyond reasonable doubt in accordance with the Evidence Act.
He contended that where the authenticity of a certificate is challenged, evidence from the institution alleged to have issued it would be required to establish that the document was not issued by the institution or that its contents were not authentic.
The lawyer argued that Atiku and the ADC had not produced any evidence from the NYSC disclaiming the certificate allegedly issued to Tinubu.
He further submitted that the plaintiffs had not produced the original document from which the alleged forgery was made alongside the purported forged certificate.
Olujimi also argued that the reliefs sought by Atiku and the ADC were statute-barred, contending that the plaintiffs ought to have commenced the action within the period prescribed by law.
He maintained that the suit was also incompetent because it was presented as a pre-election matter without meeting the constitutional and statutory requirements governing such cases.
According to him, Section 285(14) of the 1999 Constitution, as amended, and Section 29(5) of the Electoral Act, 2026, limit the circumstances under which a person can institute a pre-election action.
The lawyer argued that Atiku and the ADC did not participate in the APC primary election and therefore lacked the locus standi to challenge Tinubu’s emergence as the party’s presidential candidate.
He further challenged the plaintiffs’ attack on provisions of the Electoral Act, arguing that the National Assembly, which enacted the legislation, was not joined as a party to the suit.
Olujimi also argued that the Attorney-General, whom he said has constitutional responsibility to represent the state in certain legal proceedings, was not joined.
He consequently urged the Federal High Court to uphold the preliminary objection and dismiss the suit.
The case is before Justice Inyang Ekwo of the Federal High Court in Abuja.
