Court Fixes November 20 for Ruling on Atiku’s Motion to Amend Eligibility Suit Against Tinubu, APC
A Federal High Court in Abuja has fixed November 20, 2026, to deliver its ruling on an application by former Vice President Atiku Abubakar seeking to amend his suit challenging President Bola Tinubu’s eligibility for the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Tuesday after lawyers representing all parties adopted their processes and argued for and against the application.
Background of the Suit
Atiku, the presidential candidate of the African Democratic Congress (ADC), and the party filed the substantive suit (marked FHC/ABJ/CS/1888/2026) against President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
They are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election. The plaintiffs allege that the APC submitted a forged National Youth Service Corps (NYSC) discharge certificate belonging to Tinubu to INEC. They want the court to order INEC to remove Tinubu’s name and that of the APC from the list of candidates and parties for the election.
Why the Amendment Application Was Filed
After the defendants filed their counter-affidavits, Atiku and the ADC applied to amend the originating summons. Their counsel, Joseph Silas, told the court that the amendment was necessary to correct certain errors, provide clearer details of the alleged fraud, include a written deposition by Atiku, and attach better copies of exhibits that were not available when the suit was first filed.
One of the errors cited was the incorrect description of an INEC form as Form CF001 instead of Form EC9A.
Defence Opposition
Lawyers representing President Tinubu (led by Chief Wole Olanipekun, SAN), the APC (Chief Akin Olujinmi, SAN) and INEC (Alex Izinyon, SAN) opposed the application. They argued that the plaintiffs were attempting to change the nature of the case after issues had already been joined and that the amendment would introduce new causes of action outside the allowed time frame for pre-election matters.
Tinubu and the APC had earlier asked the court to dismiss the entire suit, describing it as incompetent and arguing that the plaintiffs lacked the legal standing to institute the action.
Next Step
After listening to arguments from all sides, Justice Ekwo adjourned the matter until November 20 for ruling on whether Atiku and the ADC will be allowed to amend their originating summons.
The outcome of the November 20 ruling will determine the next phase of the high-profile eligibility challenge ahead of the 2027 general elections.
Sources:
Court proceedings before Justice Inyang Ekwo, Federal High Court, Abuja, October 13, 2026; reports from NAN, Tribune, BarristerNG, Naija Times and other national media.
