The Federal High Court in Abuja on Monday adjourned a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) after a fresh dispute arose over the service of processes in the case.
When the matter came up before Justice Inyang Ekwo, counsel to Atiku and the ADC, Joseph Silas, told the court that although he had received responses from the other defendants, he was yet to receive President Bola Tinubu’s counter-affidavit to their application seeking to amend the suit.
However, Tinubu’s lawyer, Chief Wole Olanipekun, SAN, told the court that the counter-affidavit had already been served on the plaintiffs on September 24 and that the office of their counsel acknowledged receipt.
Justice Ekwo subsequently confirmed the proof of service filed by Olanipekun.
Following the confirmation, the judge adjourned the matter until October 13, 2026, for hearing of Atiku and the ADC’s application seeking to amend their originating summons.
The suit, marked FHC/ABJ/CS/1888/2026, was filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
Atiku and the ADC are seeking to amend the processes supporting their challenge to Tinubu’s eligibility to contest the 2027 presidential election.
In their application, the plaintiffs said they discovered errors in the description of documents attached to their affidavit, including referring to an INEC form as Form CF001 instead of Form EC9A.
They also sought to provide clearer copies of some exhibits, include a written deposition by Atiku and set out particulars of the alleged fraud raised in the suit.
Tinubu has opposed the proposed amendment, arguing that the changes go beyond correcting errors and would substantially alter the case originally filed by Atiku and the ADC.
The President’s legal team also argued that the suit was statute-barred and that the proposed amendment could not be used to cure what it described as fundamental defects in the case.
The APC and INEC have similarly opposed the amendment application.
INEC had separately challenged the competence of the substantive suit, raising issues including alleged statute bar, lack of locus standi, absence of a reasonable cause of action and abuse of court process.
Justice Ekwo will hear arguments on the application to amend the originating summons on October 13.
