Legal Showdown: INEC Fights Atiku's Bid to Oust Tinubu from 2027 Race

The legal battle surrounding President Bola Tinubu's eligibility for the 2027 Presidential election has intensified, with the Independent National Electoral Commission (INEC) urging the Federal High Court in Abuja to dismiss a suit filed by the African Democratic Congress (ADC) Presidential candidate, Atiku. INEC has vehemently argued that the suit constitutes an abuse of court process, labeling it as hypothetical and academic, and asserting that the plaintiff lacks the necessary locus standi to institute the matter before the court.

In its robust objection and counter-affidavit, deposed to by Ayuba Mohammed, an Administrative Officer in INEC's Litigation and Prosecution Department, the electoral body clarified its limited role in the candidate nomination process. INEC emphasized that it neither nominates candidates for political parties nor originates, manufactures, or procures personal certificates or credentials submitted by candidates or their sponsoring political parties. Instead, it merely receives such documents in the discharge of its constitutional and statutory responsibilities, processing them in accordance with the Constitution, the Electoral Act, 2026, and applicable Regulations and Guidelines.

Dr. Alex Izinyon, SAN, representing INEC, further stated in the counter-affidavit that the mere receipt or custody of a document by INEC does not imply a judicial or administrative determination of its authenticity. He highlighted that Section 137(1) of the Constitution applies when a person is proved to have presented a forged certificate, and a mere allegation, without proof of the fact of presentation and alleged forgery, does not automatically activate the constitutional disqualification prescribed by this section. Regarding the 2027 Presidential Election, INEC confirmed that the All Progressives Congress (APC) submitted President Tinubu's name and particulars as its nominated Presidential Candidate following the prescribed nomination process.

The suit filed by Atiku and the ADC against Tinubu, the APC, and INEC seeks to disqualify Tinubu from the 2027 presidential election on various eligibility grounds. Central to Atiku's claim is the allegation that Tinubu submitted an NYSC discharge certificate bearing the name "Tinubu Bola Adekunle" to INEC for both the 2023 and 2027 presidential elections, which Atiku asserts is different from the President’s recognized name, Bola Ahmed Tinubu. Atiku is calling upon the court to determine if "Tinubu Bola Adekunle" and "Bola Ahmed Tinubu" refer to the same individual for the purpose of the certificate, demanding evidence to establish this.

Furthermore, Atiku and the ADC are challenging specific provisions of the Electoral Act, 2026. They argue against sections that restrict who may challenge a candidate's qualification at the pre-election stage and those that remove qualification as a ground for questioning an election, despite Section 139(a)(i) of the Constitution empowering the National Assembly to make such laws. The plaintiffs contend that legislative provisions cannot override express constitutional provisions, especially where a conflict arises.

Through their originating summons, Atiku and the ADC are urging the Federal High Court to invoke Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution (as amended), along with relevant provisions of the Electoral Act, 2026. They seek a judicial determination on whether Tinubu can participate in the election, ultimately requesting an order disqualifying both Tinubu and the APC from the 2027 presidential election should their case be established. Representing Atiku and ADC in this matter are counsels Edwin Inegedu, SAN, and Joseph Onu Silas.