Court Fixes Nov. 20 for Atiku’s Motion to Amend Eligibility Suit Against Tinubu, APC

The Federal High Court in Abuja on Tuesday fixed November 20 for a ruling on an application by Alhaji Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), seeking to amend his suit against President Bola Tinubu and the All Progressives Congress (APC).

Justice Inyang Ekwo set the date after Atiku’s counsel, Mr Joseph Silas, and lawyers for the defendants adopted their processes and argued for and against the application.

In the main suit, marked FHC/ABJ/CS/1888/2026, Atiku and the ADC are asking the court to disqualify Tinubu and the APC from the 2027 presidential election. 

They allege that the APC submitted a forged National Youth Service Corps (NYSC) discharge certificate belonging to the president to the Independent National Electoral Commission (INEC). 

The plaintiffs want INEC ordered to remove Tinubu’s and the APC’s names from the list of candidates and parties for the poll.After the defendants filed counter-affidavits, Atiku and the ADC applied on September 10 for leave to amend the originating summons. 

They said they had noticed errors, including referring to an INEC form as Form CF001 instead of Form EC9A. 

They also sought to set out fuller particulars of the alleged fraud, include a written deposition by Atiku, and attach clearer copies of exhibits that were not available when the suit was filed on August 14. 

The applicants maintained that no new issues or additional prayers were being introduced and that the amendment was necessary in the interest of justice.

At the Tuesday hearing, Silas moved the motion and urged the court to grant the reliefs.  Chief Wole Olanipekun, SAN (for Tinubu), Chief Akin Olujinmi, SAN (for the APC), and Mr Alex Izinyon, SAN (for INEC) all opposed the application. 

They argued that it was statute-barred, sought to introduce a fresh cause of action rather than a mere correction of errors, and would improperly cure defects in the original suit after the constitutional time limit for pre-election matters had expired. 

The defence lawyers urged the court to dismiss the motion.After hearing the arguments, Justice Ekwo adjourned the matter until November 20 for ruling.