BREAKING: Tinubu’s Second Term Uncertain as Atiku Drags President to Court Over Educational Qualifications

Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has taken President Bola Ahmed Tinubu to court over his eligibility to contest the 2027 presidential election, citing alleged discrepancies in an NYSC certificate submitted to the Independent National Electoral Commission (INEC).

Atiku personally appeared at the Registry of the Federal High Court in Abuja on Friday to depose to an affidavit supporting the suit filed by him and the ADC against Tinubu, the All Progressives Congress (APC) and INEC.

The suit invokes provisions of the 1999 Constitution, as amended, including Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c), alongside relevant provisions of the Electoral Act, 2026.

At the centre of the case is Section 137(1)(j), which provides that a person is not qualified for election as President if he has presented a forged certificate to INEC.

Atiku and the ADC are asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election if their allegation that the President submitted a forged NYSC certificate is established.

Speaking after taking the oath, Atiku said he deliberately chose to appear personally because of the constitutional importance of the matter.

“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President,” he said.

According to Atiku, he could not demand respect for the Constitution while treating what he described as a matter of such magnitude casually.

“I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them,” he added.

Atiku Questions NYSC Certificate

In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle”, which he said differs from the President’s known name, Bola Ahmed Tinubu.

The plaintiffs further alleged that the same certificate was submitted in connection with the 2027 presidential election and maintained that it was not a certificate obtained by Tinubu.

However, the allegations remain matters before the court for determination.

Atiku has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.

The former vice president said he had previously applied to INEC for certified true copies of the relevant documents but had not received a response when the suit was prepared.

“This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court,” Atiku said.

“We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.”

He added that the court should determine whether the certificate belongs to Bola Ahmed Tinubu and whether the names “Tinubu Bola Adekunle” and “Bola Ahmed Tinubu” refer to the same person for the purpose of the document.

Electoral Act Also Challenged

The case also challenges provisions of the Electoral Act, 2026, which Atiku and the ADC argue could restrict challenges to a candidate’s qualification at the pre-election stage.

The plaintiffs contend that legislation cannot be used to prevent the enforcement of an express constitutional provision.

According to their argument, where provisions of an Act of the National Assembly conflict with the Constitution, the Constitution must prevail.

Atiku described the issue as a fundamental question for Nigeria’s democracy.

“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution?” he asked.

“Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”

The originating summons asks the Federal High Court to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j).

The plaintiffs are ultimately seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations are established.

‘Nobody Is Above the Constitution’

Atiku argued that the controversy underscores the need for equal standards in the treatment of educational and professional certificates in Nigeria.

He said ordinary Nigerians face scrutiny over their certificates and that the same standard should apply to anyone seeking the highest political office in the country.

“The Presidency is not an immunity certificate against constitutional scrutiny,” Atiku said.

He also called on INEC to demonstrate its neutrality by making the relevant documents available to the court.

“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it,” he said.

Atiku said his decision to personally swear to the affidavit was intended to demonstrate his willingness to subject himself to the same constitutional standards he was demanding from others.

“I have sworn to my case before the law. I am prepared to be held accountable for what I have placed before the court. President Tinubu should equally be prepared to answer the case against him before the law,” he said.

Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in their case.

Speaking on behalf of the legal team, Silas said they had carefully reviewed the relevant laws and presented their arguments before the court.

He said the lawyers were prepared to respond to the defendants’ case once they were served.

“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” Silas said.

The legal team maintained that the case was not about personalities or political privilege but about constitutional standards.

“Nobody is above the Constitution, not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” the lawyers said.