The Independent National Electoral Commission (INEC) has opposed an application by Atiku Abubakar seeking permission to amend a court case challenging the eligibility of President Bola Tinubu and the All Progressives Congress (APC) to participate in the 2027 presidential election.
The electoral body argued that allowing the amendment would substantially change the nature of the case and introduce issues outside the legally permitted timeframe for pre-election matters.
The case was filed before the Federal High Court of Nigeria in Abuja by Atiku and his political platform, the African Democratic Congress (ADC).
The plaintiffs are challenging documents submitted in connection with Tinubu’s presidential candidacy, particularly issues surrounding his alleged National Youth Service Corps (NYSC) discharge certificate.
They are asking the court to disqualify Tinubu and APC from contesting the 2027 presidential election.
INEC was joined as a defendant in the suit.
In its preliminary objection filed on September 7, INEC argued that the case was legally defective and should not proceed.
The commission’s legal team, led by Senior Advocate of Nigeria Alex Izinyon, raised several objections, including: Lack of legal standing by the plaintiffs, absence of a valid cause of action, alleged abuse of court process, filing outside the legally prescribed period
INEC also argued that the plaintiffs failed to meet certain procedural requirements for pre-election cases.
President Tinubu and APC have also urged the court to dismiss the case.
Through their legal representatives, they denied submitting any forged NYSC document to INEC for either the 2023 or proposed 2027 election.
They argued that there had been no official denial from the NYSC regarding the authenticity of any certificate issued to Tinubu.
Their legal team maintained that proving forgery requires evidence from the institution alleged to have issued the document.
Following the objections raised by the defendants, Atiku and ADC applied to amend their originating summons.
The applicants said the corrections were necessary because of errors in some references to INEC forms attached to their court documents.
They explained that some documents originally referred to Form CF001 but should have referenced the updated EC9A form.
They also requested permission to include additional details relating to their allegations and attach clearer copies of supporting documents.
However, INEC disagreed with the application.
The commission argued that the proposed changes were not simple corrections but amounted to introducing a new case after the constitutional deadline for filing pre-election matters.
INEC said the amendment would unfairly require the commission to respond again to what it described as a substantially different lawsuit.
The Independent National Electoral Commission (INEC) maintained that pre-election cases are governed by strict timelines and procedures that cannot be extended through amendments.
INEC urged the court to reject Atiku’s request, arguing that approving the amendment could undermine the constitutional framework governing election-related litigation.
The matter remains before the Federal High Court in Abuja, where the court will determine whether the proposed amendments should be allowed.
