A legal battle over President Bola Tinubu’s eligibility for the 2027 presidential race has taken a new turn, as former Vice President Atiku Abubakar and the African Democratic Congress seek to alter the case they brought before the Federal High Court in Abuja.
Justice Inyang Ekwo has fixed October 13, 2026, for the court to consider the request by the plaintiffs to modify their originating summons.
The matter, registered as FHC/ABJ/CS/1888/2026, has the All Progressives Congress and the Independent National Electoral Commission as additional defendants.
At the latest sitting, the plaintiffs’ lawyer, Joseph Silas, informed the court that the defendants had been served with the necessary documents and that the plaintiffs had also responded to the filings made by the other parties.
The matter had earlier encountered a setback following disagreement over whether the legal documents had been properly delivered to Tinubu.
Representing the President, Chief Wole Olanipekun, SAN, referred to what transpired at the September 1 hearing. He said Popoola Owosanya, who appeared for the second defendant, had offered to take delivery of the documents on Tinubu’s behalf.
Olanipekun said the plaintiffs’ counsel turned down that arrangement and later sought judicial approval to use an alternative method of serving the President.
He further alleged that the plaintiffs subsequently tried to “deceive this court” by maintaining that they could not serve Tinubu.
Justice Ekwo interrupted the exchange and directed the legal representatives to address the issue listed before the court.
Silas thereafter brought up a fresh application filed by the plaintiffs, seeking changes to the originating summons. He said the legal teams representing the defendants had already been notified.
Following confirmation that the application had reached the defendants, the judge set a new date for its consideration.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend the originating summons,” the judge held.
The lawsuit was filed by Atiku and the ADC in August as they questioned whether Tinubu meets the requirements to appear on the ballot for the 2027 presidential contest.
Among the issues raised by the plaintiffs is an alleged difference between the name stated on a National Youth Service Corps discharge document presented to INEC and the name officially associated with the President.
That claim remains part of the issues awaiting determination in the substantive proceedings.
In another development connected to the dispute, Justice Ekwo had on September 16 allowed the plaintiffs to deliver the court papers to Tinubu through the APC.
The permission followed the plaintiffs’ claim that repeated attempts to personally serve the President had not succeeded.
The APC later contested the decision, arguing that Tinubu’s legal team had already taken possession of the originating documents and entered a defence before the plaintiffs requested permission for substituted service.
INEC has also opposed the suit, challenging its legal standing and raising questions about the plaintiffs’ right to institute the proceedings, as well as what it described as an abuse of the court process.
