The Independent National Electoral Commission (INEC) has urged the Federal High Court in Abuja to dismiss a suit filed by former Vice-President Atiku Abubakar challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election over an alleged forged certificate.
INEC made the request in its counter-affidavit filed in response to the suit instituted by Atiku and the African Democratic Congress (ADC).
The commission, through its legal team led by Senior Advocate of Nigeria (SAN), Dr Alex Izinyon, described the suit as an abuse of judicial process, arguing that the plaintiffs had failed to establish sufficient legal grounds to sustain the action.
INEC also challenged Atiku’s legal standing to institute the case, describing the issues raised as hypothetical and academic.
The electoral body maintained that it neither produces nor obtains or manufactures certificates submitted by political candidates, stressing that its role is limited to receiving and processing documents presented by candidates in accordance with the Constitution, Electoral Act and applicable electoral regulations.
According to INEC, the receipt of a document from a candidate does not amount to formal confirmation or verification of every detail or claim contained in the document.
The commission further argued that the Constitution already provides the legal circumstances under which a candidate may be disqualified for presenting a forged certificate.
INEC stated: “Section 137 of the Constitution speaks for itself and applies in accordance with its terms to a person who is proved, in accordance with law, to have presented a forged certificate to the 3rd Defendant.”
It added that “a mere allegation that a forged certificate was presented, without proof of the fact of presentation and of the alleged forgery, automatically activates the constitutional disqualification prescribed by section 137(1)(j) of the Constitution.”
INEC also told the court that Tinubu was duly nominated by the All Progressives Congress (APC) through the prescribed process for the 2027 presidential election.
However, Atiku, in his affidavit, accused Tinubu of submitting an allegedly forged National Youth Service Corps (NYSC) discharge certificate to INEC.
He claimed that the certificate bore the name “Tinubu Bola Adekunle,” which, according to him, was not the President’s correct name.
Atiku stated: “I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle.
“The said NYSC certificate, bearing the name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2.”
He further alleged that the certificate remained in INEC’s custody and described it as a forgery, arguing that Tinubu’s name was not Adekunle and that the document was submitted to INEC as genuine.
Atiku is asking the court to determine whether the alleged certificate falls within the grounds for disqualification under Section 137(1)(j) of the Constitution.
He is also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the basis of the alleged certificate.
Justice Inyang Ekwo has fixed September 28 for further proceedings in the suit marked FHC/ABJ/CS/1888/2026.
