According to a report published by The Nation on Tuesday, September 1, 2026, proceedings in a Federal High Court in Abuja were halted after President Bola Tinubu’s legal representative was not served with the originating papers in the lawsuit filed by former Vice President Atiku Abubakar. The failure to complete service meant that the court could not proceed with the matter as scheduled.
One of the remedies requested in the suit filed by Atiku and the African Democratic Congress (ADC) is an order barring President Tinubu from contesting the January 16, 2027 presidential election. The case names several political parties and organizations as defendants, including the APC and the INEC.
During the hearing, Joseph Onu Silas, Atiku’s lawyer, informed Justice Inyang Ekwo that Tinubu had not been personally served with the originating documents. Silas therefore asked the court for permission to use substituted service, an alternative method of delivering court papers when personal service has not been completed.
The President’s counsel, Omosanya Popoola, told the court that he was prepared to accept the documents on behalf of Tinubu and the APC. However, while objecting to that arrangement, Silas argued that Popoola should first provide an official document confirming that he had the authority to accept service and act on Tinubu’s behalf.
Alex Izinyon, another SAN representing INEC, attempted to intervene in the issue, but the objection remained unresolved. Without a clear determination on whether the documents had been properly accepted, the court was unable to move forward with the substantive proceedings.
Justice Ekwo subsequently directed Atiku and the ADC to put their legal arrangements in order before returning to court. The judge adjourned the case until September 28.
More specifically, the plaintiffs are challenging provisions of the Electoral Act 2026 that limit the ability to raise objections to a candidate’s eligibility before an election takes place.
They maintain that the Constitution is the supreme law and cannot be displaced or curtailed by legislative provisions of that kind. In their application to the court, Atiku and the ADC are asking the judge to determine whether Tinubu satisfies the constitutional conditions required to contest for public office. Their claim centers, in particular, on an NYSC discharge certificate submitted to INEC that allegedly identifies the holder as “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.”
They are asking the court to establish whether Tinubu is the person to whom the certificate belongs and, if so, whether the alleged difference in the name is sufficient to render him ineligible to contest the presidency in 2027.
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