Tinubu, APC deny forged NYSC Certificate, urge court to dismiss Atiku’s suit

President Bola Ahmed Tinubu and the All Progressives Congress (APC) have urged the Federal High Court in Abuja to dismiss a suit filed by the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, challenging Tinubu’s eligibility to contest the 2027 presidential election.

Atiku and the ADC, in suit No. FHC/ABJ/CS/1888/2026, sued Tinubu, the APC and the Independent National Electoral Commission (INEC), seeking the disqualification of the President and the ruling party from the 2027 election.

The plaintiffs alleged that Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to INEC.

However, Tinubu and the APC, in a joint counter affidavit filed on Thursday, denied the allegation, insisting that none of the documents submitted by the President to INEC for the 2023 or 2027 presidential elections was forged.

The APC Director of Legal Services, Sanusi Samaila, who deposed to the counter affidavit dated September 8, said Tinubu did not submit Form CF001 to INEC for either election in the manner alleged by Atiku and the ADC.

“The 1st defendant (Tinubu) emphatically denies the plaintiffs’ allegation of forgery and submission of a forged certificate to the 3rd defendant (INEC) for the 2023 or 2027 presidential elections,” Samaila stated.

He further argued that the NYSC had never disowned the discharge certificate allegedly issued to Tinubu after his service year.

Samaila said none of Tinubu’s documents submitted to INEC for the 2023 and 2027 elections was forged, adding that the commission accepted his educational qualifications and NYSC discharge certificate and subsequently published his particulars as the APC presidential candidate.

The APC also argued that Atiku and the ADC had no legal basis to challenge Tinubu’s emergence as the APC presidential candidate because neither participated in the party’s presidential primary.

According to Samaila, Atiku was neither an APC member nor an aspirant at the party’s presidential primary held in May, where Tinubu emerged as the candidate.

He argued that the plaintiffs were not alleging any breach of the Constitution or Electoral Act arising from the conduct of the APC primary, but were instead challenging the nomination and submission of Tinubu’s name to INEC for the 2027 election.

Samaila added that the APC submitted its candidates’ names to INEC in a letter dated June 26, while the commission acknowledged receipt of Tinubu’s profile on July 11.

In a written address filed by counsel to Tinubu and the APC, Akin Olujimi, the defendants raised several preliminary objections to the suit.

Olujimi argued that forgery, being a criminal allegation, must be established beyond reasonable doubt in accordance with the Evidence Act.

He maintained that Atiku and the ADC had failed to provide any document from the NYSC disclaiming the certificate they alleged was forged.

“It is a settled law that the evidence required to prove that a certificate is forged is a disclaimer from the institution that issued the certificate,” he argued.

The lawyer further submitted that the plaintiffs had not produced either the original document from which the alleged forgery was made or the document they claimed was forged.

He also argued that the plaintiffs bore the burden of proving their claims because they were seeking declaratory reliefs.

“We submit further that this being a declaratory action, the plaintiffs have the burden to prove their case. A declaratory relief is not granted by the court as a matter of course,” Olujimi stated.

The defendants also argued that parts of the suit were statute-barred, claiming that one of the reliefs should have been challenged within 14 days of the alleged submission of the certificate.

Olujimi argued that another relief dependent on the contested claim should consequently be struck out.

He further described the case as incompetent, arguing that it did not fall within the category of pre-election matters contemplated by Section 285(14) of the 1999 Constitution and Section 29(5) of the Electoral Act 2026.

According to him, Section 29(5) allows an aspirant who participated in a political party’s primary to challenge the conduct of that primary.

Olujimi consequently argued that Atiku and the ADC lacked the legal standing to challenge Tinubu’s emergence as the APC candidate because they did not participate in the party’s primary.

He cited a Supreme Court decision which, according to him, described persons without a direct interest in another political party’s internal affairs as “mere busybodies” interfering in matters concerning the party.

The defendants further argued that the suit was improperly constituted because the plaintiffs challenged provisions of the Electoral Act without joining the National Assembly, which enacted the legislation, and the Attorney-General of the Federation.

They therefore urged Justice Inyang Ekwo to uphold their preliminary objections and dismiss the suit.

The Federal High Court in Abuja is currently hearing the matter.

Follow Very Nigerian WhatsApp Channel
For Verified Breaking News, Exclusive Reports, Trending Stories, And Real-time Updates.
CLICk HERE TO JOIN!