Atiku, who is the presidential candidate of the African Democratic Congress (ADC), personally appeared at the court registry to depose to an affidavit in support of the suit.

The suit was instituted by Atiku and the ADC against President Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).

It is anchored on Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution, as well as provisions of the Electoral Act, 2026.

At the heart of the case is Section 137(1)(j), which disqualifies anyone who presents a forged certificate to INEC from contesting for President.

The plaintiffs are asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 election over allegations that the President submitted an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” to INEC for both the 2023 and 2027 elections.

According to Atiku’s affidavit, the name on the certificate is different from “Bola Ahmed Tinubu,” and the document was not obtained by the President.

Speaking after taking the oath, Atiku said his personal appearance was to show seriousness.

“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President… I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them,” he said.

The suit also asks INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 elections.

Atiku said he had applied for certified true copies of the form but got no response before filing.

“This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media… We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it,” Atiku stated.

“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it.”

Beyond the certificate, the ADC and Atiku are also challenging aspects of the Electoral Act, 2026, which they argue restrict pre-election challenges to a candidate’s qualification. They contend that no law can override the Constitution.

“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution?… Our position is that the Constitution remains supreme,” Atiku said.

Among the reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the court upholds the plaintiffs’ case.

“Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies… The Presidency is not an immunity certificate against constitutional scrutiny,” he added.

Atiku further urged INEC to demonstrate neutrality by making the relevant records available to the court.

“The 2027 election must begin with clarity about the qualification of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later,” he said.

Lead counsel, Joseph Onu Silas, Esq., said the legal team was confident the case would help deepen Nigeria’s electoral jurisprudence.

“This is not about privilege, personalities or presidential power. It is about one Constitution and one standard for every Nigerian. Nobody is above the Constitution — not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” Onu said.

Lawyer petitions EU over Tinubu’s qualification, cites ‘subversion of constitution’

Relatedly, a renowned Nigerian lawyer, Kalu Kalu Esq., has submitted a petition to the European Union in Brussels, alleging that President Bola Ahmed Tinubu subverted constitutional order ahead of the 2027 general election.

His remark was shared on Facebook Friday by Paul Ibe, Media Adviser to former Vice President Atiku Abubakar.

Kalu, who spoke at the European Commission headquarters, said the petition seeks the EU’s intervention to “help restore constitutional democracy in Nigeria.”

He accused President Tinubu of submitting false academic credentials to the Independent National Electoral Commission, INEC, and failing to state the primary and secondary schools he attended.

“Mr President, Bola Ahmed Tinubu, has suspended the constitutional order in Nigeria because of his false academic credentials, which he submitted to INEC for the 2027 general election and he did not state the primary school and the secondary school he attended,” Kalu said.

The lawyer cited Section 137(1)(j) of the 1999 Constitution, arguing that presenting a false certificate to INEC disqualifies a candidate.

“Section 1371J says if you have presented a false certificate to INEC, the Independent National Electoral Commission, you will not be qualified to run election and he has submitted forged documents, forged certificates to INEC that made him not to be qualified to run for the 2027 general election,” he stated.

Kalu further alleged that because “they have captured all the power in Nigeria,” the President has “imposed himself on Nigeria, thereby subverting the provisions of the constitution of the Federal Republic of Nigeria as amended, which is a mini-coup, a sub-coup against the people of Nigeria.”

He said the purpose of his visit to Brussels was to formally submit the petition to the EU and solicit support for the restoration of constitutional governance in Nigeria.

“Good afternoon all and good afternoon to the whole world. I am here at the European Commission to submit a petition to the European Union concerning the subversion of constitutional order in Nigeria… So, I’m here to submit the petition to the EU to help restore constitutional democracy in Nigeria,” he said.

As of the time of filing this report, the Presidency and INEC have not responded to the allegations.