Federal High Court Fixes October 13 for Hearing of Application to Amend Originating Summons
Justice Inyang Ekwo of the Federal High Court in Abuja has adjourned till October 13 the suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) against President Bola Tinubu and the Independent National Electoral Commission (INEC).
The case came up for further mention on Monday, with counsel for the plaintiffs, Joseph Silas, informing the court that all defendants had been served with the relevant processes.
He also told the court that the plaintiffs had received and responded to the processes filed by the defendants.
The proceedings had previously been delayed by a dispute over service of the court processes on Tinubu.
Counsel for the President, Wole Olanipekun (SAN), reminded the court that at the September 1 hearing, counsel for INEC, Popoola Owosanya, had offered to receive the processes on behalf of President Tinubu. Olanipekun said the offer was rejected before the plaintiffs later sought an order for substituted service.
Justice Ekwo urged counsel to focus on the matter before the court.
Silas subsequently informed the court that the plaintiffs had filed an application seeking to amend their originating summons and that the defendants had been served with the application.
After confirming that the parties had received the application, Justice Ekwo adjourned the matter to October 13 for hearing.
Atiku and the ADC filed the suit challenging President Tinubu’s eligibility to contest the 2027 presidential election. The case includes an allegation concerning a discrepancy between the name on a National Youth Service Corps discharge certificate submitted to INEC and the President’s official name.
On September 16, the court granted the plaintiffs permission to serve President Tinubu through the All Progressives Congress (APC), after they said efforts to serve him personally had proved difficult.
The APC subsequently challenged the substituted-service order, arguing that President Tinubu’s lawyers had already collected the originating processes and filed his defence before the application was made.
INEC has also filed a response challenging the competence of the suit, including arguments concerning the plaintiffs’ locus standi and alleged abuse of court process.