Atiku takes Tinubu to court over alleged forged NYSC certificate, 2027 eligibility

Former Vice-President Atiku Abubakar has commenced a legal battle against President Bola Ahmed Tinubu at the Federal High Court in Abuja, seeking his disqualification from the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) certificate.

Atiku, who is the presidential candidate of the African Democratic Congress (ADC), personally appeared at the court registry on Friday to depose to an affidavit in support of the suit filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).

The case invokes Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, alongside relevant provisions of the Electoral Act 2026.

At the heart of the legal challenge is Section 137(1)(j) of the Constitution, which provides that a person is not qualified to be elected president if he has presented a forged certificate to INEC.

Disputed NYSC Certificate at Centre of Suit

According to Atiku’s affidavit, the NYSC discharge certificate allegedly submitted to INEC in connection with Tinubu’s presidential candidacy bears the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu,” the name by which the President is officially known.

The plaintiffs further allege that Tinubu did not obtain the certificate and that the disputed document was submitted in relation to the 2027 presidential election.

READ ALSO; Nigeria’s problem is institutional corruption, not Tinubu — Femi Kuti

However, the allegations have not been judicially established. The Federal High Court is now being asked to determine the authenticity of the document, whether it can legally be attributed to Tinubu and, if so, what implications it may have for his eligibility to contest the presidency.

Atiku and the ADC are also asking the court to compel INEC to produce Tinubu’s Form CF001 submitted for both the 2023 and 2027 presidential elections.

Atiku said he had previously sought certified true copies of the relevant electoral documents from INEC but did not receive them before instituting the action.

Atiku: ‘Presidency Is Not an Immunity Certificate’

Explaining his decision to personally appear at the court registry, Atiku said the matter was too important to be left to political rhetoric or social media exchanges.

“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 former vice-president said the dispute should be resolved through evidence and judicial scrutiny rather than political arguments.

“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,” he said.

Atiku also directly questioned whether the name on the disputed certificate could legitimately be attributed to President 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.

Electoral Act Provision Also Challenged

Beyond the disputed certificate, the suit challenges provisions of the Electoral Act 2026 which Atiku and the ADC contend could restrict the ability of political parties or candidates to challenge the qualification of presidential candidates at the pre-election stage.

READ ALSO; 2027: HURIWA pressures Tinubu, Shettima to reject religious supremacy claims

The plaintiffs argue that statutory provisions cannot prevent the enforcement of constitutional requirements relating to presidential eligibility.

Their 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?” Atiku asked.

“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 plaintiffs are consequently asking the court to determine whether the statutory restrictions contained in the Electoral Act can prevent them from invoking Section 137(1)(j) of the Constitution.

Disqualification Sought if Allegations Are Established

Among the reliefs sought by Atiku and the ADC is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations concerning the disputed certificate are established.

Atiku maintained that the authenticity of educational and service certificates submitted by presidential candidates should be subjected to the same legal scrutiny applicable to other Nigerians.

“The presidency is not an immunity certificate against constitutional scrutiny,” he said.

He also challenged INEC to demonstrate its neutrality by producing the relevant electoral records in its custody.

“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,” Atiku said.

He argued that the eligibility of presidential candidates should be settled before Nigerians cast their ballots.

“The 2027 election must begin with clarity about the qualifications of those seeking the presidency. Nigerians should not be asked to vote first and investigate later,” he added.

Legal Team Expresses Confidence

Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in the case.

Silas said the legal team had reviewed the relevant constitutional and electoral provisions and presented its arguments before the court.

He added that the lawyers were prepared to respond to the defendants’ case once they were served.

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

Case Could Reshape 2027 Pre-Election Litigation

The legal challenge introduces another potentially consequential dispute into the political contest ahead of the 2027 presidential election.

At its core are three questions: whether the disputed NYSC certificate is authentic, whether the document can legally be linked to President Tinubu, and whether the Constitution permits a candidate to be disqualified if a forged certificate is proven to have been submitted to INEC.

The case could also test the constitutional limits of the Electoral Act 2026 and determine how far statutory restrictions can go in limiting pre-election challenges to presidential qualifications.

For Atiku, the broader issue is the equal application of constitutional standards to every presidential aspirant.

“Nobody is above the Constitution, not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” he said.