President Bola Tinubu and the All Progressives Congress (APC) have taken legal action against Tinubu, APC Fresh Forgery Suit filed by former Vice President Atiku Abubakar and the Action Democratic Congress (ADC) over the 2027 presidential election.
The president and the ruling party submitted a joint counter affidavit asking the Federal High Court in Abuja to dismiss the case, which challenges Tinubu’s eligibility to contest the next presidential election.
Atiku and the ADC had approached the court seeking an order preventing Tinubu and the APC from participating in the 2027 election. Their case centres on an allegation that Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC).
Tinubu, APC reject forgery allegation
In their response, Tinubu and the APC rejected the allegations contained in the suit.
The APC Director of Legal Services, Sanusi Samaila, who deposed to the counter affidavit, stated that Tinubu did not submit the alleged Form CF001 to INEC for either the 2023 or 2027 election, contrary to the claims made by the plaintiffs.
Samaila also argued that the NYSC had not denied issuing the discharge certificate attributed to Tinubu after his service year.
The defendants therefore urged the court to dismiss the Tinubu, APC Fresh Forgery Suit, maintaining that the claims made by Atiku and the ADC were not sufficient to sustain the action.
APC challenges Atiku’s right to sue
Another major issue raised by the APC was Atiku’s legal standing to challenge Tinubu’s nomination.
According to the defendants, Atiku is not a member of the APC and did not participate in the party’s presidential primary in which Tinubu emerged as its candidate.
The APC further said it had formally submitted its candidates for the 2027 elections to INEC in June, with the electoral body confirming receipt of Tinubu’s presidential nomination details in July.
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Defence says forgery claim requires strong evidence
Tinubu’s legal team also raised questions about the standard of proof required for the allegation.
Senior Advocate of Nigeria, Chief Akin Olujinmi, argued in a written address that forgery is a criminal allegation and must therefore be established beyond reasonable doubt under Section 135(1) of the Evidence Act.
He further maintained that the allegation would require confirmation from the institution said to have issued the disputed certificate.
The Tinubu, APC Fresh Forgery Suit remains before the Federal High Court in Abuja, where the court is yet to rule on the defendants’ application seeking its dismissal.