Court fixes October 13 for Atiku, ADC suit

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The Federal High Court in Abuja has adjourned until October 13 the hearing of an application by former Vice President Atiku Abubakar and the African Democratic Congress to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.

Justice Inyang Ekwo fixed the date on Monday after counsel for the plaintiffs, Joseph Silas, informed the court that they had filed an application to amend their originating summons.

Silas told the court that all the defendants had been served with the relevant court processes within the stipulated period and that the plaintiffs had received and responded to the defendants’ filings.

Proceedings in the suit had earlier been delayed by a dispute over the service of court processes on Tinubu, the first defendant.

Counsel for the President, Wole Olanipekun (SAN), recalled that at the September 1 hearing, counsel for the Independent National Electoral Commission, Popoola Owosanya, had offered to receive the court processes on Tinubu’s behalf.

Olanipekun said the plaintiffs’ counsel rejected the offer and subsequently applied for an order permitting substituted service on the President.

He accused the plaintiffs of attempting to mislead the court by claiming they had been unable to serve Tinubu despite the earlier offer.

Justice Ekwo, however, urged the lawyers to concentrate on the business of the day.

Silas subsequently drew the court’s attention to the plaintiffs’ application to amend their originating summons, adding that the defendants had been served with the application.

After confirming that the defendants’ lawyers had received the processes, the judge adjourned the case until October 13 for the hearing of the application.

Atiku and the ADC instituted the suit against Tinubu and INEC, challenging the President’s eligibility to contest the 2027 presidential election.

Their case centres, among other issues, on an alleged discrepancy between the name on a National Youth Service Corps discharge certificate submitted to INEC and Tinubu’s official name.

The allegation is among the substantive issues yet to be determined by the court.

The court had earlier granted the plaintiffs permission to serve Tinubu through the All Progressives Congress after they reported difficulties with personal service. The order subsequently became the subject of a dispute involving the APC.

Meanwhile, INEC has challenged the competence of the suit, raising objections relating to the plaintiffs’ locus standi and alleged abuse of court process.