Atiku sues Tinubu over alleged NYSC certificate forgery, seeks 2027 disqualification

Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), has filed a suit against President Bola Tinubu over an alleged forgery of his National Youth Service Corps (NYSC) discharge certificate.

The suit, filed at the Federal High Court in Abuja on Friday, seeks Tinubu’s disqualification from the 2027 presidential election.

Atiku and the ADC instituted the case against Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).

The former vice-president also appeared personally at the court registry to depose to an affidavit supporting the suit, saying the case concerns the constitutional requirements for occupying the office of president.

The plaintiffs are challenging Tinubu’s eligibility under the 1999 Constitution, as amended, and the Electoral Act 2026.

Central to the case is Section 137(1)(j) of the constitution, which disqualifies a person from being elected president if they present a forged certificate to INEC.

According to the affidavit, the NYSC certificate submitted to INEC bears the name “Tinubu Bola Adekunle”, which the plaintiffs argue differs from the president’s name, Bola Ahmed Tinubu.

Atiku and the ADC are asking the court to determine whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the allegations are established.

They are also seeking an order compelling INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.

The plaintiffs said Atiku had previously applied for certified true copies of the relevant documents but had not received a response before the suit was filed.

Speaking after signing the affidavit, Atiku said he personally appeared at the registry because of the constitutional significance of the case.

“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,” he said.

“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.”

The suit also challenges provisions of the Electoral Act 2026, which the plaintiffs argue limit the ability to challenge a candidate’s qualification before an election.

They contend that an Act of the National Assembly cannot override an express provision of the constitution.

The plaintiffs are therefore asking the court to determine whether the statutory restrictions can prevent them from relying on Section 137(1)(j) of the constitution.

They are consequently seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the grounds contained in the suit.

Atiku said the matter should be determined through the courts rather than political arguments or public speculation.

“We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court,” he said.

“We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.”

Counsel to the plaintiffs, Edwin Inegedu, a Senior Advocate of Nigeria, and Joseph Onu Silas, said they were confident in the case after reviewing the relevant constitutional and electoral provisions.

Silas said the suit could also provide an opportunity for the courts to further clarify Nigeria’s electoral jurisprudence.

“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” he said.