2027 Election: INEC Takes Action Against Atiku's Suit Over Tinubu's Alleged Forged NYSC Certificate

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  • INEC filed a counter-affidavit asking the Federal High Court in Abuja to dismiss Atiku's suit over Tinubu's certificates
  • The electoral body argued that Atiku lacked the legal standing to bring the case and that the suit amounted to an abuse of court process
  • Atiku alleged in a 25-paragraph affidavit that Tinubu submitted a forged NYSC certificate to INEC as far back as the 1999 Lagos governorship election

Legit.ng journalist Adekunle Dada has over 8 years of experience covering metro, government policy, and international issues

FCT, Abuja - The Independent National Electoral Commission (INEC) has urged the Federal High Court in Abuja to throw out the lawsuit filed by former Vice President Atiku Abubakar, which accuses President Bola Tinubu of submitting a forged certificate to qualify for the presidency.

INEC's legal team, led by Senior Advocate of Nigeria Dr Alex Izinyon, filed a counter-affidavit arguing that the suit constitutes a gross abuse of the judicial process.

"Hypothetical and academic": INEC asks court to throw out Atiku's case. Photo credit: @OfficialABAT/@atikuSource: Twitter

As reported by Vanguard, the commission also contended that the action discloses no reasonable cause and should be dismissed in full.

At the centre of INEC's objection is the question of standing. The commission argued that Atiku lacks the legal right, known as locus standi, to bring the case, and that the issues raised are hypothetical and academic.

The counter-affidavit was supported by a deposition from Ayuba Mohammed, an Administrative Officer in INEC's Litigation and Prosecution Department.

INEC's position on candidate credentials

According to the Nigerian Tribune, the electoral body was careful not to comment on whether Tinubu's educational credentials are genuine.

Instead, it told the court that it does not manufacture, originate, or procure the personal certificates that candidates submit, and that receiving such documents does not amount to confirming their authenticity.

INEC added that section 137 of the Constitution spells out the consequences for any candidate proved to have submitted a forged certificate, but stressed that a mere allegation, without actual proof, does not trigger the constitutional disqualification.

"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," the commission's deponent said.

What Atiku alleged in court

Atiku, who contested the 2023 presidential election on the platform of the Peoples Democratic Party and has since been ratified as the presidential candidate of the New Democratic Congress (NDC) for 2027, filed the suit alongside the African Democratic Congress as co-plaintiff.

Tinubu, the All Progressives Congress, and INEC were listed as first to third defendants.

In his 25-paragraph personal affidavit, Atiku alleged that the NYSC discharge certificate Tinubu submitted to INEC bears the name "Tinubu Bola Adekunle," which he claimed does not belong to the president. He argued that Tinubu has relied on this certificate since the 1999 Lagos State governorship election.

"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 said.

Among the reliefs he is seeking, Atiku wants the court to disqualify Tinubu and the APC from the 2027 presidential election based on the 1999 certificate submission.

Justice Inyang Ekwo has scheduled September 28 for further proceedings in the case, which is marked FHC/ABJ/CS/1888/2026.

INEC says Atiku lacks legal standing and that allegations alone cannot trigger Tinubu’s constitutional disqualification. Photo credit: @atikuSource: Twitter

Tinubu, APC take action on Atiku's forgery claim

Meanwhile, Legit.ng also reported that the APC and President Tinubu filed a joint counter affidavit on September 9, challenging the suit brought by Atiku and the ADC.

Atiku and the ADC sought a court order to bar Tinubu and the APC from the 2027 presidential election over an alleged forged NYSC certificate.

The APC's legal director argued that Atiku lacked the standing to challenge Tinubu's nomination since he took no part in the party's primary.