The Independent National Electoral Commission has urged the Federal High Court in Abuja to dismiss the action brought by Atiku Abubakar and the African Democratic Congress challenging President Bola Tinubu’s eligibility to participate in the 2027 presidential election.
INEC argues that the suit fails to disclose a reasonable cause of action, that the plaintiffs lack locus standi and that the proceedings amount to an abuse of court process. The electoral commission also maintains that receiving candidates’ documents does not amount to an independent determination by INEC that every document submitted is authentic.
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Atiku’s case invokes constitutional provisions dealing with the presentation of allegedly forged certificates and seeks judicial determination of allegations surrounding an NYSC discharge certificate attributed to Tinubu. Those assertions remain allegations before the court and have not been judicially established.
The plaintiffs are also challenging provisions of the Electoral Act 2026 that affect who may question a candidate’s qualification at the pre-election stage, raising a wider constitutional issue about whether legislation can restrict access to judicial enforcement of an express constitutional disqualification.
The significance of the proceedings therefore extends beyond the political personalities involved. The court may be required to examine the boundaries of INEC’s statutory role, standing in pre-election litigation and the relationship between the Electoral Act and constitutional qualification requirements.
Source: Independent Newspaper
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