The Presidential Candidate of African Democratic Congress (ADC) Atiku Abubakar has dragged President Bola Tinubu before the Federal High Court, Abuja, seeking to disqualify him from contesting the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) certificate.
Penpushing reports that Abubakar on Friday depose to an affidavit supporting the suit instituted against Tinubu, All Progressives Congress (APC) and Independent National Electoral Commission (INEC).
The former Vice President personally appeared at the court registry, and in the suit invokes Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as relevant provisions of the Electoral Act 2026.
Penpushing further reports that at the centre of the case is Section 137(1)(j), which provides that a person shall not be qualified for election as President if he has presented a forged certificate to Independent National Electoral Commission (INEC).
The opposition party leader and his party are asking the court to determine whether Tinubu should be disqualified from the 2027 presidential election over the allegation that he submitted a forged National Youth Service Corps (NYSC) certificate in connection with his presidential candidacy.
Penpushing also reports that Abubakar in the affidavit, pointed out that the National Youth Service Corps (NYSC) discharge certificate allegedly submitted to the commission bears the name “Tinubu Bola Adekunle”, rather than the President’s name, “Bola Ahmed Tinubu.”
The plaintiffs equally alleged that the certificate was not obtained by Tinubu and that the same document was submitted in connection with the 2027 presidential election, and the allegations have not been judicially established.
Penpushing reports that the court is now being asked to determine the authenticity and legal implications of the disputed document, and in addition Abubakar wants electoral body compelled to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections.
The African Democratic Congress (ADC) flagbearer argued that he had previously sought certified true copies of the relevant documents from Independent National Electoral Commission (INEC) but had not received them before commencing the action.
Penpushing further reports that Abubakar explaining his decision to personally appear at the court registry, added that the case was too important to be handled casually.
“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 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,” he said.
Penpushing also reports that Abubakar emphasized that the case was not intended to be determined through political arguments or social media exchanges, but through evidence presented before the judiciary.
“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,” the statement read in part.
Penpushing reports that the African Democratic Congress (ADC) presidential candidate equally questioned whether the names appearing on the disputed certificate could legitimately be attributed to Tinubu.
“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,” he added.
Penpushing further reports that the suit also challenges provisions of the Electoral Act 2026 which Atiku and the African Democratic Congress (ADC) contend restrict the ability of candidates or political parties to challenge the qualification of presidential candidates at the pre-election stage.
The plaintiff argued that the legislation cannot prevent the enforcement of constitutional provisions concerning presidential qualification, stressing that the position is 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. 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,” he argued.
Penpushing also reports that the plaintiffs are consequently asking the Federal High Court to determine whether the statutory restrictions complained of can prevent them from invoking Section 137(1)(j) of the Constitution.
The suite among the reliefs sought is an order disqualifying Tinubu and the All Progressives Congress (APC) from participating in the 2027 presidential election if the allegations against them are established.
Penpushing reports that Abubakar argued that the issue of certificate authenticity should be subject to the same standard applicable to ordinary Nigerians, declaring that the presidency is not an immunity certificate against constitutional scrutiny.
The Presidential Candidate of African Democratic Congress (ADC) also called on Independent National Electoral Commission (INEC) to demonstrate its neutrality by producing the relevant electoral records.
“The presidency is not an immunity certificate against constitutional scrutiny. 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’, he said.
Penpushing further reports that he stated that Nigerians should know the eligibility of presidential candidates before voting, adding that the 2027 election must begin with clarity about the qualification of those seeking the presidency.
“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’, Abubakar stated
Penpushing also reports that, Edwin Inegedu, Senior Advocate of Nigeria (SAN), and Joseph Onu Silas, counsel to plaintiffs expressed confidence in the case, explaining that the legal team had reviewed the relevant law and presented its arguments before the court, adding that they were prepared to respond to the defendants’ case once they were served.
The counsels declared that they are confident that justice will prevail, stressing that this case presents an important opportunity to further develop Nigeria’s electoral jurisprudence.
Penpushing reports that the legal challenge adds another potentially significant dispute to the political contest ahead of the 2027 presidential election, with Abubakar seeking to place Tinubu’s qualification and the handling of his electoral records directly before the judiciary.
The case will now put the spotlight on the disputed National Youth Service Corps (NYSC) document, Independent National Electoral Commission (INEC’s) custody of the relevant nomination records, and the constitutional limits of legislation governing pre-election challenges.
Penpushing further reports that the presidential flagbearer of African Democratic Congress (ADC)said the case was ultimately about equal application of the law, stressing that nobody is above the constitution.
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