The Federal High Court in Abuja has granted former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, permission to serve President Bola Tinubu with court processes through the All Progressives Congress (APC).
Justice Inyang Ekwo granted the application on Wednesday, September 16, 2026, while ruling on an ex parte motion filed by Atiku’s counsel, Olanrewaju Omotayo-Ojo.
The court directed that the legal documents be served on Tinubu through the APC within seven days. The case was subsequently adjourned until September 28, 2026, for mention.
Why Atiku Took the Matter to Court
Atiku and the ADC instituted the suit, marked FHC/ABJ/CS/1888/2026, against Tinubu, the APC and the Independent National Electoral Commission (INEC).
The plaintiffs are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election over allegations concerning an NYSC discharge certificate they claim was submitted to INEC.
The plaintiffs allege that the certificate bears the name “Tinubu Bola Adekunle” and contend that its submission raises questions under the constitutional provisions dealing with the presentation of forged certificates to INEC.
They are also seeking an order directing INEC to remove Tinubu and the APC from the relevant list of candidates and political parties for the 2027 presidential election.
Why the Court Allowed Substituted Service
At Wednesday’s proceedings, Atiku’s lawyer told the court that attempts to personally serve Tinubu with the originating summons and other court documents had been unsuccessful.
The lawyer therefore asked the court for permission to use substituted service by delivering the processes through the APC.
Justice Ekwo granted the request after counsel undertook that the documents would be served within seven days.
The order does not determine the substantive allegations in the case. It concerns the manner in which the court processes are to be served on the President.
Tinubu and APC Challenge the Suit
Tinubu and the APC have opposed the case and are asking the court to dismiss it.
In their response, they denied submitting any forged certificate to INEC in connection with the 2023 or 2027 presidential elections.
Their lawyers have also challenged the competence of the suit and Atiku’s legal standing to bring the action.
Among other arguments, counsel to Tinubu and the APC contended that an allegation of forgery is a criminal allegation that must be established in accordance with the applicable standard of proof.
They further argued that evidence from the institution alleged to have issued the disputed document would be important in establishing whether the certificate was forged.
The defendants also argued that the suit is a pre-election matter and questioned whether the plaintiffs have the legal right to challenge Tinubu’s candidacy in the manner adopted.
INEC Also Seeks Dismissal
INEC has separately challenged the competence of the suit.
The electoral commission's preliminary objection reportedly raises issues including limitation, locus standi, absence of a reasonable cause of action and alleged abuse of court process.
INEC has also challenged the plaintiffs' compliance with the Federal High Court's Pre-Election Practice Directions and questioned some of the reliefs sought in the originating summons.
What Happens Next?
With the substituted-service order now granted, the plaintiffs have seven days to serve the court processes on Tinubu through the APC.
The case has been adjourned until September 28, 2026, when it is expected to come up for further mention.
The substantive allegations remain contested. Atiku and the ADC maintain their claims concerning the NYSC certificate, while Tinubu, the APC and INEC have filed processes challenging the suit and its legal basis.
The court has yet to determine the merits of the allegations or whether Tinubu should be disqualified from the 2027 presidential election.
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