The Federal High Court in Abuja has adjourned until October 13, 2026, to hear a motion seeking to amend the originating summons in a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress against President Bola Tinubu, the All Progressives Congress and the Independent National Electoral Commission.
The case, marked FHC/ABJ/CS/1888/2026, came up for further mention before Justice Inyang Ekwo on Monday.
Counsel to the plaintiffs, Joseph Silas, told the court that all defendants had been served with the court processes within the stipulated period and that the plaintiffs had received and responded to their processes.
The development followed an earlier dispute over the service of the processes on Tinubu, which had stalled proceedings.
Counsel to the President, Chief Wole Olanipekun, SAN, recalled that at the September 1 hearing, counsel to the APC, Popoola Owosanya, had offered to receive the processes on behalf of the President.
Olanipekun said the offer was rejected by the plaintiffs’ counsel, who later approached the court for an order allowing substituted service on Tinubu, claiming that efforts to personally serve the President had been unsuccessful.
He alleged that the plaintiffs subsequently attempted to “deceive this court” by claiming they could not serve the first defendant.
Justice Ekwo, however, urged the lawyers to focus on the matter before the court.
Silas thereafter informed the court that the plaintiffs had filed an application to amend their originating summons and that all the defendants had been put on notice.
After confirming that the defendants’ lawyers had been served with the application, Justice Ekwo adjourned the case.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons,” the judge ruled.
Atiku and the ADC instituted the suit in August, challenging Tinubu’s eligibility to contest the 2027 presidential election.
The suit centres mainly on an alleged discrepancy between the name on a National Youth Service Corps discharge certificate submitted to INEC and the President’s official name. The substantive issues remain before the court.
On September 16, the court granted the plaintiffs permission to serve Tinubu through the APC after they told the court that attempts to effect personal service on the President had proved difficult.
The APC subsequently challenged the order, arguing that Tinubu’s lawyers had already collected the originating processes and filed his defence before the application for substituted service was made.
INEC has also filed a response challenging the competence of the suit, including arguments concerning the plaintiffs’ locus standi and alleged abuse of court process.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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