The Federal High Court in Abuja has adjourned until October 13, 2026, the hearing of a motion seeking to amend the originating summons in a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) against President Bola Ahmed Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The suit, marked FHC/ABJ/CS/1888/2026, came up for further mention before Justice Inyang Ekwo on Monday.
At the hearing, counsel for the plaintiffs, Joseph Silas, informed the court that the relevant processes had been served on all the defendants within the stipulated period and that the plaintiffs had received and responded to the defendants’ processes.
The case had previously been delayed by a dispute over the service of court processes on the first defendant, President Tinubu.
Counsel for the President, Chief Wole Olanipekun, SAN, reminded the court that at the previous hearing on September 1, 2026, counsel to the second defendant, Popoola Owosanya, had offered to receive the processes on behalf of Tinubu.
Olanipekun said the offer was rejected by the plaintiffs’ counsel, who later approached the court for an order permitting substituted service on the President.
He argued that the plaintiffs subsequently sought to suggest that they had been unable to serve Tinubu, describing the situation as an attempt to “deceive this court.”
Justice Ekwo, however, urged counsel to concentrate on the matter scheduled for hearing.
Silas then 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 case.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons,” the judge ruled.
Atiku, ADC challenge Tinubu’s eligibility
Atiku and the ADC instituted the suit in August, challenging Tinubu’s eligibility to contest the 2027 presidential election.
A central issue raised by the plaintiffs concerns an alleged discrepancy in the name appearing on a National Youth Service Corps (NYSC) discharge certificate submitted to INEC and the President’s official name.
The allegation forms part of the substantive issues yet to be determined by the court.
On September 16, the court granted the plaintiffs permission to serve Tinubu through the APC after they told the court that attempts to effect personal service on the President had proved unsuccessful.
The order was subsequently challenged by the APC, which argued that Tinubu’s lawyers had already collected the originating processes and filed his defence before the plaintiffs applied for substituted service.
INEC has also filed a response challenging the competence of the suit, including arguments concerning the plaintiffs’ locus standi and alleged abuse of court process.
The court is expected to hear the plaintiffs’ application to amend the originating summons on October 13.
