President Bola Ahmed Tinubu and the All Progressives Congress (APC) have asked the Federal High Court in Abuja to dismiss a lawsuit filed by former Vice President Atiku Abubakar over an alleged forged National Youth Service Corps (NYSC) discharge certificate.
Atiku and the African Democratic Congress (ADC) instituted the suit against Tinubu, the APC and the Independent National Electoral Commission (INEC), seeking to prevent the President and his party from participating in the 2027 presidential election over the allegation.
However, in a joint counter-affidavit filed in court, Tinubu and the APC denied submitting any forged certificate to INEC in connection with either the 2023 or 2027 presidential elections.
The APC’s Director of Legal Services, Sanusi Samaila, who deposed to the counter-affidavit, maintained that the NYSC had never disowned the discharge certificate attributed to Tinubu.
The ruling party also challenged the basis of Atiku and the ADC’s case, arguing that neither the former vice president nor his party participated in the APC’s presidential primary that produced Tinubu as its candidate.
According to the APC, Tinubu’s credentials were submitted to INEC and accepted by the electoral commission, which subsequently published his particulars as the party’s candidate.
Tinubu and the APC further argued that the allegation of forgery had not been supported by evidence from the institution purported to have issued the certificate.
Their lawyer, Akin Olujimi, argued that because forgery is a criminal allegation, it must be established to the required standard of proof.
The defence also maintained that a key piece of evidence required in establishing certificate forgery would be a clear disclaimer from the institution that supposedly issued the document.
The case stems from a suit filed by Atiku and the ADC challenging Tinubu’s eligibility to contest the 2027 presidential election. The plaintiffs contend that a certificate allegedly submitted to INEC bears the name “Tinubu Bola Adekunle” and have asked the court to determine whether the document was forged.
Atiku is relying, among other provisions, on Section 137(1)(j) of the 1999 Constitution, which deals with the eligibility of a presidential candidate who has presented a forged certificate to INEC.
The suit is currently before the Federal High Court in Abuja, where further proceedings are expected as the parties present their respective arguments.
The legal battle is unfolding ahead of the 2027 general election and could have significant implications for the political contest if the court ultimately rules on the substantive allegations.
