The Independent National Electoral Commission (INEC) has formally urged the Federal High Court sitting in Abuja to dismiss a suit seeking the disqualification of President Bola Ahmed Tinubu and the All Progressives Congress (APC) from participating in the upcoming 2027 presidential election over alleged certificate forgery.
The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Alhaji Atiku Abubakar, the presidential candidate of the African Democratic Congress (ADC), and his party.
The plaintiffs alleged that President Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to the electoral umpire in aid of his qualifications.
In a preliminary objection filed on September 7, 2026, by lead counsel Dr. Alex Izinyon, SAN, INEC asked the court presided over by Justice Inyang Ekwo to strike out or dismiss the suit in its entirety.
The commission argued that the action is statute-barred, lacks a reasonable cause of action, constitutes an abuse of court process, and that the plaintiffs lack the requisite locus standi (legal standing) to initiate the matter.
Addressing the court on Friday, September 11, 2026, INEC maintained that its constitutional duty to receive candidate documents does not equate to a judicial determination of their authenticity.
”The mere receipt of a document submitted by or in respect of a candidate does not constitute a judicial or administrative determination by the Commission as to the authenticity of every statement or credential contained therein,” INEC stated, noting that disqualification grounds are explicitly governed by Section 137 of the 1999 Constitution as established by law.
Furthermore, INEC counsel opposed a motion filed by the plaintiffs seeking leave to amend their original summons to attach additional depositions.
The electoral body argued that allowing the amendment would cause irredeemable prejudice, as the original summons lacked a mandatory written deposition at the time of filing, violating the Federal High Court (Pre-Election) Practice Directions.
In a joint counter-affidavit deposed by the APC Director of Legal Services, Mr. Sanusi Samaila, and filed on September 9, 2026, President Tinubu and the ruling party denied submitting any forged documents for either the 2023 or 2027 presidential polls.
Samaila emphasized that the NYSC has never disowned or issued a disclaimer against the discharge certificate issued to Tinubu. He noted that APC submitted its candidate profile to INEC on June 26, 2026, with formal acknowledgment received on July 11, 2026.
Lead counsel to Tinubu and the APC, Chief Akin Olujinmi, SAN, submitted that allegations of forgery are criminal in nature and must be proved beyond reasonable doubt.
”It is settled law that the evidence required to prove that a certificate is forged is a disclaimer from the issuing institution,” Olujinmi argued, noting that the plaintiffs failed to produce any such disclaimer or the alleged original document.
Justice Inyang Ekwo has fixed September 28, 2026, for further hearing and ruling on the preliminary objections and pending applications.
