The Federal High Court in Abuja on Wednesday granted an application by Alhaji Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), to serve court documents on President Bola Tinubu through the All Progressives Congress (APC).
Justice Inyang Ekwo granted the request while ruling on an ex parte motion moved by Atiku’s counsel, O.T. Omotayo-Ojo, seeking an order of substituted service of the processes on the president.
The News Agency of Nigeria (NAN) reports that Atiku, the former Vice President, and his party, ADC, had filed the suit praying Justice Inyang Ekwo to disqualify President Tinubu and APC from contesting in the 2027 presidential election.
The plaintiffs alleged that APC submitted a forged National Youth Service Corps (NYSC) discharge certificate of Tinubu to INEC.
The plaintiffs, in the originating summons marked: FHC/ABJ/CS/1888/2026, sued the President, APC and Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.
They prayed the court to compel INEC to remove Tinubu and APC’s names from the list of candidates and parties for the presidential poll.
Moving the motion, Omotayo-Ojo informed the court that the motion ex parte was filed following inability to effect the service on the 1st defendant.
The lawyer, through the application, therefore prayed the court for an order effecting the service of the court documents through the 2nd defendant (APC).
Justice Ekwo granted the prayer after the application was moved.
Following information by Omotayo-Ojo, who held the brief of Silas Onu, that the plaintiffs could effect service within seven days, the judge ordered that service should be done within seven days.
He subsequently adjourned the matter until Sept. 28 for mention.
NAN reports that Onu had, on Sept. 1, told the court that his client was yet to serve the originating summons on President Tinubu personally.
Silas said he requires an order of the court to serve the documents through substituted means.
Meanwhile, Tinubu, APC and INEC had since responded to the suit by filing counter-affidavits and preliminary objections, querying the competence of the suit and praying the court to dismiss it.
In a joint counter affidavit filed on Sept. 9, the president and APC prayed the court to dismiss the suit in its entirty for being incompetent and that the plaintiffs lacked the legal right to Institute the case.
The 1st and 2nd defendants denied submitting any forged certificate to the commission either for the 2023 or 2027 presidential elections.
The duo, through the APC Director of Legal Services, Mr Sanusi Samaila, averred that his clients did not submit Form CF001 to INEC for the 2023 or the 2027 poll as claimed by the plaintiffs.
