INEC Dismisses Atiku’s Suit Against Tinubu as Abuse of Court Process

The Independent National Electoral Commission (INEC) has described the suit filed by Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), challenging President Bola Tinubu’s eligibility for the 2027 election, as a “gross abuse of court process.”

In its objection and counter-affidavit, filed by Dr Alex Izinyon, SAN, INEC argued that Atiku’s case failed to disclose a reasonable cause of action and should therefore be dismissed.

The commission maintained that the plaintiff lacked the locus standi to institute the matter.

INEC stressed that it does not nominate candidates for political parties nor verify the authenticity of certificates submitted, but only receives documents in line with constitutional and statutory responsibilities.

“The mere receipt or custody of a document submitted by or in respect of a candidate does not constitute a judicial or administrative determination of its authenticity,” Izinyon stated.

Atiku had asked the court to disqualify Tinubu and the All Progressives Congress (APC) from the 2027 presidential election, citing alleged discrepancies in the NYSC certificate submitted to INEC.

He argued that the certificate bore the name “Tinubu Bola Adekunle,” which he claimed differed from the President’s official name, Bola Ahmed Tinubu.

The ADC candidate urged the court to invoke Section 137(1)(j) of the Constitution, which disqualifies any candidate proven to have presented a forged certificate, alongside other constitutional provisions.

INEC, however, insisted that allegations of forgery must be proven in court before disqualification can apply, dismissing Atiku’s claims as speculative and academic.

The case, which also lists Tinubu and the APC as defendants, is expected to test the boundaries of constitutional provisions on candidate eligibility ahead of the 2027 elections.

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