Tinubu, APC Ask Court to Dismiss Atiku’s Suit Over Alleged Forged Certificate

President Bola Tinubu and the All Progressives Congress (APC) have asked the Federal High Court in Abuja to dismiss a suit filed by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) over an alleged forged National Youth Service Corps (NYSC) discharge certificate.

Atiku and the ADC, in the suit marked FHC/ABJ/CS/1888/2026, are challenging Tinubu’s eligibility to contest the 2027 presidential election. They allege that the President presented a forged NYSC discharge certificate to the Independent National Electoral Commission (INEC) and are seeking his disqualification, alongside that of the APC, from the election.

In a joint counter-affidavit filed on September 9, Tinubu and the APC denied the allegation, maintaining that no forged certificate was submitted to INEC for either the 2023 or 2027 presidential elections.

The APC Director of Legal Services, Sanusi Samaila, who deposed to the affidavit, said Tinubu did not submit Form CF001 to INEC for the elections as alleged by the plaintiffs.

Samaila also maintained that the NYSC had never denied issuing a discharge certificate to Tinubu at the end of his service year.

He further argued that the President’s educational qualifications and NYSC discharge certificate were accepted by INEC, which subsequently published his particulars as the APC presidential candidate for the 2023 election and the forthcoming 2027 poll.

The APC also questioned the legal standing of Atiku and the ADC to challenge Tinubu’s emergence as the party’s presidential candidate, noting that neither Atiku nor the ADC participated in the APC presidential primary.

Counsel to Tinubu and the APC, Chief Akin Olujinmi, SAN, raised several objections to the suit in a written address filed before the court.

Olujinmi argued that forgery is a criminal allegation and must therefore be established beyond reasonable doubt under the Evidence Act. He also contended that a claim that a certificate is forged should be supported by evidence from the institution alleged to have issued it.

According to the defendants, the plaintiffs have not produced a disclaimer from the NYSC denying the issuance of the certificate in question.

The defence also challenged the suit on procedural grounds, arguing that it does not qualify as a valid pre-election matter under the 1999 Constitution and the Electoral Act 2026.

Olujinmi maintained that the law limits the right to challenge the conduct of a political party’s primary to an aspirant who participated in that primary. On that basis, he argued that Atiku and the ADC lacked the required legal standing to challenge Tinubu’s emergence as the APC candidate.

The lawyer further challenged parts of the suit relating to provisions of the Electoral Act, arguing that the National Assembly, which enacted the law, and the Attorney-General of the Federation should have been joined as parties.

He consequently urged the court to uphold the preliminary objections and dismiss the suit.

The matter is before Justice Inyang Ekwo of the Federal High Court in Abuja and has been fixed for September 28 for hearing.