INEC Asks Court to Dismiss Atiku’s Suit Against Tinubu

The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to dismiss a suit accusing President Bola Tinubu of submitting a forged certificate to support his qualification for the presidency.

In its counter-affidavit filed through a legal team led by Senior Advocate of Nigeria (SAN), Dr Alex Izinyon, INEC described the suit filed by former Vice-President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar as an abuse of judicial process.

The electoral body argued that the suit disclosed no reasonable cause of action and should therefore be dismissed in its entirety.

INEC also argued that Atiku lacked the locus standi, or legal right, to institute the action, while describing the issues raised as hypothetical and academic.

The counter-affidavit was supported by an affidavit deposed to by an Administrative Officer in INEC’s Litigation and Prosecution Department, Ayuba Mohammed.

INEC did not address the authenticity of Tinubu’s educational credentials but maintained that as the electoral umpire, it does not nominate candidates for political parties or originate, manufacture or procure certificates and other credentials submitted by candidates or their sponsoring parties.

The commission said it receives documents submitted by candidates and deals with them in line with the 1999 Constitution, as amended, the Electoral Act 2026, and applicable regulations and guidelines.

It added that receiving a document submitted by or on behalf of a candidate does not amount to a judicial or administrative determination by INEC on the authenticity of every statement or credential contained in it.

INEC further argued that Section 137 of the Constitution already provides the qualifications and disqualifications applicable to candidates for elective offices.

“That in answer to paragraphs 4 and 5 of the Plaintiffs’ Affidavit, Section 137 of the Constitution speaks for itself and applies in accordance with its terms to a person who is proved, in accordance with law, to have presented a forged certificate to the 3rd Defendant.

“That the 3rd Defendant denies any suggestion that a mere allegation that a forged certificate was presented, without proof of the fact of presentation and of the alleged forgery, automatically activates the constitutional disqualification prescribed by Section 137(1)(j) of the Constitution.

“That in respect of the 2027 Presidential Election, the 2nd Defendant submitted the name and particulars of the 1st Defendant to the 3rd Defendant as its nominated Presidential Candidate in accordance with the prescribed nomination process,” INEC’s deponent averred.

Justice Inyang Ekwo had earlier fixed September 28 for further proceedings on the suit, marked FHC/ABJ/CS/1888/2026.

The ADC was joined as the 2nd plaintiff, while Tinubu, the ruling All Progressives Congress (APC) and INEC were listed as the 1st to 3rd defendants respectively.

In his 25-paragraph affidavit filed in support of the suit, Atiku alleged that Tinubu submitted a bogus National Youth Service Corps (NYSC) discharge certificate to INEC to support his qualification for the presidency.

Atiku alleged that Tinubu provided false information in the Form CF0001 submitted to INEC, drawing the court’s attention to an NYSC certificate bearing the name “Tinubu Bola Adekunle.”

“I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle.

“The said NYSC certificate, bearing the name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2.

“I know that the said NYSC certificate is still in existence and in the custody of the 3rd defendant (INEC), and that it is a forgery, as the 1st defendant’s name is not Adekunle, and yet he submitted it to the 3rd defendant to be acted upon as genuine,” Atiku averred.

He further alleged that Tinubu had been presenting the certificate since 1999, when he contested the Lagos State governorship election.

Atiku asked the court to determine whether, in view of the Electoral Act and constitutional provisions, the plaintiffs could enforce Section 137(1)(j) of the Constitution against candidates seeking the presidency.

He also asked the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over the alleged submission of a forged NYSC certificate to INEC in connection with the 2023 and 2027 elections.

If the court answers the questions in their favour, the plaintiffs are seeking a declaration that Tinubu presented a forged certificate to INEC when he contested the Lagos State governorship election in 1999.

They are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election over the alleged presentation of the certificate to INEC.

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