APC REACTS TO SUIT BETWEEN ATIKUABUBAKAR & ANOR V. BOLA AHMED TINUBU & ORS.
The All Progressives Congress (APC) has challenged the necessity of a Federal High Court order directing that court processes in a suit filed by former Vice President Atiku Abubakar and another plaintiff against President Bola Ahmed Tinubu be served on him through the party.
The order was made on September 16, 2026, by Justice Inyang Ekwo of the Federal High Court in Abuja in Suit No. FHC/ABJ/CS/1888/2026. The court had granted Atiku’s application for substituted service after his legal team said efforts to personally serve President Tinubu had not been successful. The court directed that the processes be served through the APC within seven days.
However, in a statement and correspondence to the Federal High Court, the APC said it had not been served with an enrolled copy of the order and only became aware of it through media reports.
The party, through its National Secretary, Ajibola Basiru, said it respects the authority of the courts and complies with lawful judicial orders. However, it argued that the substituted-service order was unnecessary because President Tinubu had already become aware of the case, engaged lawyers and participated in the proceedings.
According to the APC’s account, President Tinubu’s legal team obtained certified copies of the originating processes on September 11. His lawyers subsequently filed a preliminary objection on September 14 and a defence with a written address on September 15. The party said the plaintiffs’ lawyers acknowledged receipt of those documents on September 14 and 15.
The APC therefore questioned why an application for substituted service was subsequently moved on September 16. It argued that the court should have been informed that the President had already entered the proceedings through his legal representatives.
A central point in the party’s objection is that the APC does not have the authority or consent of President Tinubu to accept court processes on his behalf. The party maintains that the President has appointed his own legal team and that his lawyers have already responded to the case.
The underlying lawsuit was filed by Atiku Abubakar and the African Democratic Congress (ADC) against President Tinubu, the APC and the Independent National Electoral Commission (INEC). The plaintiffs are challenging Tinubu’s eligibility to contest the 2027 presidential election, making allegations concerning a National Youth Service Corps (NYSC) discharge certificate submitted to INEC. Those allegations are contested by Tinubu and the APC and have not been judicially determined.
Tinubu’s legal representatives have also challenged the competence of the case, including issues concerning the timing of the action and the plaintiffs’ legal standing. INEC has separately filed processes challenging the suit.
The APC says that, regardless of the dispute over service, both it and President Tinubu have filed their respective defences and are prepared to proceed with the case. The matter is scheduled for further mention before the Federal High Court on September 28, 2026.
Category: Politics & Governance
Tags: APC, Atiku Abubakar, Bola Tinubu, Federal High Court, 2027 Elections, Nigerian Politics, Court Case, Substituted Service, INEC, Ajibola Basiru, Legal Dispute, Presidential Eligibility, Judiciary, Election Litigation