Photo Credit: Photo used in original report by The Sun Nigeria / File photo of President Bola Tinubu and Atiku Abubakar
2027: Tinubu, APC Urge Court to Dismiss Atiku’s Alleged Forgery Case
The All Progressives Congress (APC) and President Bola Tinubu have asked the Federal High Court in Abuja to dismiss the suit filed by Alhaji Atiku Abubakar, the presidential candidate of the Action Democratic Congress (ADC), over alleged certificate forgery.

Atiku and the ADC, in the suit marked FHC/ABJ/CS/1888/2026, sued President Tinubu, the APC, and the Independent National Electoral Commission (INEC). They alleged that the President presented a forged National Youth Service Corps (NYSC) discharge certificate to INEC and are seeking an order to disqualify Tinubu and the APC from the 2027 presidential election.

In a joint counter-affidavit dated September 8 and filed on Thursday, Tinubu and the APC denied the allegation.

The counter-affidavit was deposed to by the APC Director of Legal Services, Mr. Sanusi Samaila. He stated that President Tinubu did not submit any Form CF001 to INEC for either the 2023 or 2027 elections as claimed by the plaintiffs.

“The 1st defendant (Tinubu) emphatically denies the plaintiffs’ allegation of forgery and submission of forged certificate to the 3rd defendant (INEC) for 2023 or 2027 presidential elections,” the affidavit read.

Samaila added that the NYSC has never denied issuing the discharge certificate to Tinubu, and that all documents submitted to INEC were accepted by the commission, which subsequently published his name and particulars as the APC presidential candidate for 2023 and for the upcoming 2027 election.

He further argued that Atiku lacks the locus standi to challenge Tinubu’s emergence, as he is not a member of the APC and did not participate in the party’s presidential primary held in May where Tinubu emerged as candidate.

In a written address filed by Chief Akin Olujimi, SAN, counsel to Tinubu and the APC, the defendants raised preliminary objections to the suit.

Olujimi argued that an allegation of forgery, being criminal in nature, must be proved beyond reasonable doubt in line with Section 135(1) of the Evidence Act. He noted that settled law requires a disclaimer from the institution that allegedly issued the certificate to prove forgery.

According to him, Atiku and the ADC failed to produce any disclaimer from the NYSC Directorate disowning the certificate, nor did they produce both the original document and the alleged forged document as required by Supreme Court precedents.

He also described the suit as hypothetical, academic, and statute-barred, arguing that complaints relating to the 2023 and 2027 elections ought to have been filed within 14 days of submission of particulars to INEC.

Olujimi contended that the suit is incompetent as a pre-election matter, citing Section 285(14) of the 1999 Constitution (as amended) and Section 29(5) of the Electoral Act, 2026, which provides that only an aspirant who participated in a party’s primary can challenge its conduct.

He added that the plaintiffs failed to join necessary parties, including the National Assembly and the Attorney-General of the Federation, and urged the court to uphold the preliminary objection and dismiss the case.

The matter is currently before Justice Inyang Ekwo.
SOURCE: The Sun Nigeria