INEC labels Atiku’s Tinubu eligibility suit an abuse of court process
INEC labels Atiku’s Tinubu eligibility suit an abuse of court process, saying the suit lacks locus standi and should be dismissed. In a counter-affidavit filed on September 12, 2026 by Dr Alex Izinyon, SAN, and Administrative Officer Ayuba Mohammed, the electoral commission said Atiku’s case failed to disclose a reasonable cause of action and is merely hypothetical and academic.
The suit, brought by ADC presidential candidate Atiku Abubakar, alleges that President Bola Tinubu presented a forged NYSC discharge certificate to INEC for the 2023 and 2027 elections, and seeks his disqualification under sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the Constitution, as well as provisions of the Electoral Act 2026. Atiku also wants the court to order INEC to produce Tinubu’s Form CF001 for those elections.
INEC insists it does not nominate candidates or verify the authenticity of documents submitted by parties; it only receives and stores them in line with the Constitution and Electoral Act. The commission argues that merely receiving a certificate does not amount to a judgment on its validity, and that the suit is an abuse of the court process.
Readers should note that the case is now before the Federal High Court, and its outcome could determine whether Tinubu and the APC can contest the 2027 presidential election. Watch for the court’s ruling on INEC’s request to dismiss the suit.