By Desmond Ogbonmwan
The Federal High Court in Abuja has fixed October 13, 2026, for the hearing of an application by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Monday, September 28, after lawyers confirmed that the defendants had been served with the relevant processes.
The suit, marked FHC/ABJ/CS/1888/2026, names Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as defendants.
Court Sets October 13 for Amendment Application
When the case came up for further mention, counsel for Atiku and the ADC, Joseph Silas, informed the court that the relevant processes had been served on all the defendants within the required period.
He also told Justice Ekwo that the plaintiffs had filed an application seeking to amend their originating summons and that lawyers representing the defendants had been put on notice.
After confirming that the parties had received the application, the judge adjourned the case.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons,” Justice Ekwo held.
The October 13 hearing will therefore focus first on whether the court will allow the plaintiffs to make the proposed amendments.
Dispute Over Service on Tinubu
The latest hearing followed an earlier dispute over the service of court documents on President Tinubu.
At Monday’s proceedings, Tinubu’s counsel, Chief Wole Olanipekun, SAN, referred to an earlier hearing on September 1, when APC counsel Popoola Owosanya had offered to receive the processes on behalf of the President.
According to Olanipekun, the plaintiffs’ lawyers declined that arrangement and subsequently sought an order allowing substituted service on Tinubu.
The President’s legal team questioned the plaintiffs’ account of the difficulties they encountered in serving the President.
Justice Ekwo, however, directed the lawyers to focus on the matter listed for the day’s proceedings before the amendment application was brought to the court’s attention.
What the Suit Is About
Atiku and the ADC instituted the case in August, asking the Federal High Court to determine issues concerning Tinubu’s eligibility to participate in the 2027 presidential election.
One of the central issues raised by the plaintiffs concerns an alleged discrepancy between the name appearing on a National Youth Service Corps (NYSC) discharge certificate submitted to INEC and Tinubu’s official name.
The allegation forms part of the substantive case and has not been determined by the court.
The court has therefore not ruled that the certificate was forged or that Tinubu is ineligible to contest the election.
Court Previously Allowed Substituted Service
On September 16, Justice Ekwo granted Atiku and the ADC permission to serve Tinubu through the APC after their lawyers told the court that efforts to effect personal service on the President had proved difficult.
The order allowed the plaintiffs to use substituted service through the APC.
The APC subsequently challenged the order, arguing that Tinubu’s lawyers had already obtained the originating processes and had filed responses in the case.
The service dispute consequently became one of the preliminary procedural issues surrounding the case.
Defendants Challenge the Suit
The substantive case is also facing objections from the defendants.
INEC has challenged the competence of the action, including arguments concerning the plaintiffs’ legal standing and alleged abuse of court process.
Reports on the proceedings also indicate that the defendants have raised other procedural objections to the case.
These objections have yet to be finally determined by the court.
What Happens on October 13?
The next major date in the case is October 13, when Justice Ekwo is scheduled to hear Atiku and the ADC’s motion seeking permission to amend their originating summons.
The hearing is not itself a ruling on Tinubu’s eligibility.
Instead, the court will first consider the plaintiffs’ request to modify the originating processes on which their case is based.
The outcome of that application could determine the form in which the substantive case proceeds.
Why the Case Matters
The suit is one of the legal challenges surrounding the 2027 presidential election and involves three major institutions or political actors: the President, the APC and INEC.
Its immediate significance, however, is procedural. The court has not yet determined the substantive allegations concerning Tinubu’s eligibility.
The October 13 proceedings will therefore be closely watched because they concern whether Atiku and the ADC will be permitted to amend the case they originally filed.
What Happens Next?
Atiku and the ADC will present their arguments in support of the proposed amendment on October 13.
The defendants will have an opportunity to oppose the application.
Until the court rules on that motion and subsequently considers the substantive issues, the allegations concerning Tinubu’s eligibility remain matters before the court rather than established findings.
Frequently Asked Questions
What date will the court hear Atiku’s amendment application?
The Federal High Court in Abuja has fixed October 13, 2026, for the hearing of Atiku and the ADC’s motion seeking to amend their originating summons in the case against Tinubu, APC and INEC.
What is the case number?
The suit is marked FHC/ABJ/CS/1888/2026 and is before Justice Inyang Ekwo of the Federal High Court in Abuja.
Why are Atiku and ADC challenging Tinubu?
Their case raises questions about Tinubu’s eligibility to contest the 2027 presidential election. One central allegation concerns an alleged discrepancy involving the name on an NYSC discharge certificate submitted to INEC. The allegation has not been determined by the court.
Has the court ruled that Tinubu is ineligible for 2027?
No. The court has not made such a determination. The substantive allegations remain before the Federal High Court, while the parties are currently dealing with procedural issues including the application to amend the originating summons.
Who are the defendants in the case?
The defendants are President Bola Tinubu, the All Progressives Congress and the Independent National Electoral Commission.
