Former Vice President, Atiku Abubakar, on Friday personally appeared at the Registry of the Federal High Court, Abuja, where he deposed 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, among other provisions, Sections 137(1)(j), 139(1)(a)(i) and
285(14)(c) of the 1999 Constitution (as amended), as well as provisions
of the Electoral Act, 2026.
At 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.
Phrank Shaibu, Senior
Special Assistant on Public
Communication, disclosed this in a statement on Friday.
Speaking after personally taking the oath, the presidential candidate
of the African Democratic
Congress (ADC), said his presence at the court registry was deliberate.
“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 alleges
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 alleges 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.
These are allegations that the plaintiffs have now placed formally
before the Federal High Court for judicial determination.
Significantly, 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.
Atiku said:”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. These are questions that deserve answers, not political
insults or presidential silence.”
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 pre-election stage and the removal of qualification as a ground for questioning an election
as envisaged by section 139(a)(i) of the Constitution which empowers the National Assembly to make
laws that allows the questioning of whether a person elected into the
office of President is qualified.
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.
“This case therefore raises a fundamental question for our democracy,” Atiku said.
“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.”
The originating summons
asks the Federal High Court to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j), and
ultimately whether Tinubu and the APC should be disqualified from participating in the 2027
presidential election if the plaintiffs’ case is established.
Among the substantive reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the grounds pleaded by the plaintiffs.
Atiku added: “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.”
Atiku said the judicial action
also places a responsibility on INEC to demonstrate its neutrality by making the relevant records available to the court.
His affidavit expressly states that INEC, as a neutral public institution, is duty-bound to uphold the Constitution regardless
of whose political interest may be affected.
“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.”
Atiku stressed that his
personal appearance to depose to the affidavit underscored his
willingness to submit himself to the same constitutional standards
he demands of others.
“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.
Counsel to the Plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, Esq., expressed confidence
in the case. Speaking for the legal team, Silas Onu said they had carefully reviewed the law and placed their arguments before
the Court, adding that they
were prepared to confront the Defendants’ case once served.
“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral
jurisprudence,” he said.
“This is not about privilege,
personalities or presidential power.
It is about one Constitution and one standard for every Nigerian.
“Nobody is above the
Constitution — not Atiku
Abubakar, not Bola Tinubu, and certainly not the President of the
Federal Public of Nigeria .