Precious Nwonu, Enugu

The Federal High Court in Abuja has adjourned until October 13 to hear an application by former Vice President Atiku Abubakar and the African Democratic Congress 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 after counsel for the plaintiffs, Joseph Silas, informed the court that all the defendants had been served with the relevant court processes within the stipulated period.

Silas also told the court that the plaintiffs had received and responded to the processes filed by the defendants.

The case had previously been delayed over a dispute concerning the service of court processes on Tinubu, who is the first defendant in the suit.

During Monday’s proceedings, counsel to the President, Wole Olanipekun, SAN, recalled that at the September 1 hearing, counsel representing the Independent National Electoral Commission, Popoola Owosanya, had offered to receive the processes on Tinubu’s behalf.

Olanipekun said the plaintiffs’ counsel rejected the offer and later approached the court for an order allowing substituted service on the President, claiming that efforts to serve him personally had been unsuccessful.

He further alleged that the plaintiffs subsequently attempted to mislead the court by maintaining that they had been unable to serve the President.

Justice Ekwo, however, directed the lawyers to concentrate on the matter scheduled for the day.

Silas subsequently informed the court that the plaintiffs had filed an application seeking to amend their originating summons and that all the defendants had been served with the application.

After confirming that the parties had received the relevant processes, Justice Ekwo adjourned the matter to October 13 for hearing of the application.

Atiku and the ADC had instituted the suit to challenge Tinubu’s eligibility to participate in the 2027 presidential election.

A major aspect of their case concerns an alleged discrepancy between the name appearing on a National Youth Service Corps discharge certificate submitted to the Independent National Electoral Commission and the President’s official name.

The substantive issues raised by the plaintiffs are yet to be determined by the court.

On September 16, Justice Ekwo granted the plaintiffs permission to serve Tinubu through the All Progressives Congress after they told the court that attempts to personally serve the President had proved difficult.

The substituted service order was subsequently challenged by the APC, which argued that Tinubu’s legal representatives had already received the originating processes and filed his defence before the plaintiffs applied for substituted service.

Meanwhile, INEC has filed a response challenging the competence of the suit, including arguments concerning the plaintiffs’ locus standi and alleged abuse of court process.