2027: INEC tells court to dismiss Atiku’s suit against Tinubu

The Independent National Electoral Commission (INEC) has urged the Federal High Court to dismiss a suit filed by the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, seeking the disqualification of President Bola Tinubu from the 2027 presidential election.

INEC, in its objection and counter-affidavit filed by its counsel, Dr Alex Izinyon, SAN, described the suit as hypothetical, academic and an abuse of court process, arguing that it failed to disclose a reasonable cause of action.

The electoral commission also contended that Atiku lacked the locus standi to institute the action, stressing that INEC does not nominate candidates for political parties or originate, manufacture or procure certificates and other credentials submitted by candidates or their sponsoring parties.

In the counter-affidavit deposed to by Ayuba Mohammed, an Administrative Officer in INEC’s Litigation and Prosecution Department, the commission said it only receives documents submitted in respect of candidates in line with its constitutional and statutory responsibilities.

INEC maintained that the mere receipt or custody of a document submitted by or on behalf of a candidate does not amount to a judicial or administrative determination of the authenticity of every statement or credential contained in it.

Atiku had sued Tinubu, the All Progressives Congress (APC) and INEC, asking the court to determine whether Tinubu is qualified to contest the 2027 election, particularly over an NYSC discharge certificate allegedly submitted to INEC in connection with the 2023 and 2027 presidential elections.

The ADC candidate alleged that the certificate bore the name “Tinubu Bola Adekunle”, which he said differed from the president’s name, Bola Ahmed Tinubu. He also alleged that the certificate was not obtained by the president and asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 elections.

Atiku is relying on provisions of the 1999 Constitution and the Electoral Act, 2026, including Section 137(1)(j), which deals with the presentation of forged certificates, to seek Tinubu and the APC’s disqualification from the 2027 presidential election. He is also challenging provisions of the Electoral Act that restrict pre-election challenges to a candidate’s qualification.