2027: Atiku’s suit against Tinubu’s eligibility an abuse of court process – INEC
INEC Calls Atiku’s Court Challenge Against Tinubu “Abuse of Process”
The Independent National Electoral Commission (INEC) has dismissed a lawsuit filed by Atiku Abubakar, the presidential candidate of the African Democratic Congress (ADC), challenging President Bola Tinubu’s eligibility to run in the 2027 presidential election. INEC described the suit as an abuse of court process, asserting that it lacks factual basis.
In a counter-affidavit submitted by Dr. Alex Izinyon, SAN, the electoral body argued that Atiku’s legal action does not present a reasonable cause of action and therefore should be dismissed. INEC contended that Atiku does not have the legal standing to bring the case before the court.
INEC characterized the lawsuit as theoretical and indicative of an improper use of judicial resources. According to Ayuba Mohammed, an Administrative Officer in INEC’s Litigation and Prosecution Department, the commission does not nominate candidates for political parties and is not responsible for verifying the authenticity of candidates’ credentials.
“The mere receipt of documents does not equate to a judicial or administrative determination regarding their authenticity,” Izinyon noted in the counter-affidavit, responding to claims made in Atiku’s suit. He acknowledged the basic facts that Atiku is the presidential candidate of the ADC and that certain constitutional qualifications apply to candidates for elective office.
Atiku’s lawsuit targets not only President Tinubu but also the All Progressives Congress (APC) and INEC. He is seeking disqualification for Tinubu based on allegations concerning a forged National Youth Service Corps (NYSC) certificate submitted to INEC. Atiku asserts that Tinubu’s NYSC discharge certificate bears the name “Tinubu Bola Adekunle,” which he claims differs from the President’s official name, Bola Ahmed Tinubu.
In his filing, Atiku asked the court to interpret several sections of the 1999 Constitution and the Electoral Act, 2026, to clarify whether Tinubu and the APC should be disqualified from the upcoming election.
Furthermore, Atiku challenged legislative provisions that restrict who can contest a candidate’s eligibility before an election and sought to assert that such limitations cannot override constitutional rights. He urged the Federal High Court to review the statutory restrictions that may inhibit the invocation of constitutional provisions regarding candidates’ qualifications.
Atiku is requesting an order to disqualify Tinubu and the APC from participating in the 2027 presidential election, contingent on the court’s findings regarding the legitimacy of the claims presented.
