INEC asks court to throw out Atiku’s case alleging Tinubu submitted forged certificate

ABUJA — The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to strike out a case brought by former Vice President Atiku Abubakar challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election over an alleged forged certificate.

Atiku, the presidential candidate of the African Democratic Congress (ADC), had instituted the action alleging that Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to INEC.

However, in its response to the suit, INEC described the legal action as an abuse of the judicial process and urged the court to dismiss it.

The commission’s counter-affidavit was filed by its legal team led by Senior Advocate of Nigeria, Dr Alex Izinyon.

INEC argued that the plaintiffs had failed to establish a reasonable cause of action and contended that Atiku had no locus standi to bring the case.

It also maintained that the questions raised by the plaintiffs were hypothetical and academic.

An affidavit supporting INEC’s position was sworn by Ayuba Mohammed, an Administrative Officer in the commission’s Litigation and Prosecution Department.

The electoral body was careful not to pronounce on the authenticity of Tinubu’s educational documents. Instead, it told the court that its role does not include producing or obtaining certificates on behalf of political candidates.

INEC said it merely receives documents presented by candidates or their sponsoring parties and processes them in accordance with the 1999 Constitution, as amended, the Electoral Act 2026, and relevant regulations and guidelines.

The commission rejected the suggestion that receiving a candidate’s document automatically means it has verified every claim or credential contained in it.

According to INEC, the Constitution itself establishes the requirements for qualification and disqualification from elective office.

It argued that an allegation of forgery, without proof that a forged certificate was actually presented and that the document was indeed forged, does not automatically trigger the disqualification provision under Section 137(1)(j) of the Constitution.

INEC’s affidavit stated:

“That the 3rd defendant denies any suggestion 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.”

The commission further stated that, for the 2027 presidential election, the relevant political party submitted Tinubu’s name and particulars to INEC as its presidential candidate in accordance with the required nomination procedure.

Justice Inyang Ekwo has fixed September 28 for further proceedings in the matter, numbered FHC/ABJ/CS/1888/2026.

The ADC was joined as the second plaintiff, while Tinubu, the APC and INEC were named as the first, second and third defendants.

In his 25-paragraph affidavit, Atiku alleged that Tinubu submitted a fraudulent NYSC discharge certificate to INEC to support his qualification for the presidency.

He claimed that Tinubu provided false information in the Form CF0001 submitted to the electoral commission, particularly because the NYSC certificate allegedly bears the name “Tinubu Bola Adekunle.”

Atiku stated:

“I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle.”

He identified the document as Exhibit P2 and alleged that it remains in INEC’s custody.

He further averred:

“I know that the said NYSC certificate is still in existence and in the custody of the 3rd defendant (INEC), and that it is a forgery, as the 1st defendant’s name is not Adekunle, and yet he submitted it to the 3rd defendant to be acted upon as genuine.”

Atiku also alleged that Tinubu had used the disputed certificate since 1999, when he contested the Lagos State governorship election.

Among other reliefs, the plaintiffs are asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election for allegedly presenting a forged NYSC certificate to INEC for the 2023 and 2027 elections.

They are also asking the court to declare that Tinubu breached Section 137(1)(j) of the Constitution by allegedly presenting the certificate when he contested the Lagos governorship election in 1999.

The plaintiffs further want an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the basis of the alleged certificate forgery.

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