Former Vice President Atiku Abubakar’s legal challenge to President Bola Tinubu’s eligibility to contest the 2027 presidential election hit an early procedural snag on Tuesday after Atiku’s legal team failed to serve the President with the originating summons as required by law.
The development unfolded at the Federal High Court in Abuja, where Atiku’s counsel, Joseph Onu Silas, told Justice Inyang Eden Ekwo that attempts to personally serve Tinubu had been unsuccessful.
Silas therefore asked the court for an order permitting substituted service so the case could proceed.
Tinubu’s Lawyer Offers to Accept Process
The proceedings took an unexpected turn when Omosanya Popoola, a Senior Advocate of Nigeria (SAN) representing Tinubu, offered to accept the court process on the President’s behalf.
Popoola urged Justice Ekwo to direct Atiku’s lawyer to hand the originating summons to him in open court for delivery to Tinubu.
But Atiku’s legal team declined.
Silas insisted that Popoola first provide a written undertaking confirming that he had Tinubu’s mandate to accept the process on the President’s behalf.
That position created a procedural impasse in court.
Judge Adjourns Case
Justice Ekwo subsequently adjourned the matter to allow Atiku’s legal team to resolve the issue surrounding service of the court process.
Another senior lawyer, Dr Alex Izinyon, SAN, also attempted to persuade the court to allow service on Tinubu through his lawyer so that the proceedings could move forward.
The attempt did not resolve the disagreement.
Justice Ekwo ultimately adjourned further mention of the case until September 28.
What the Case Is About
Atiku instituted the suit against President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The former vice president is asking the court to disqualify Tinubu from participating in the 2027 presidential election, citing various grounds relating to the President’s eligibility.
For now, however, the substantive questions raised by the suit remain in the background as the parties deal with the preliminary issue of properly serving the President with the originating summons.
The adjournment does not determine the merits of Atiku’s challenge.
Instead, the immediate issue is procedural: whether the court process has been properly served on Tinubu in accordance with the law.
Until that hurdle is resolved, the substantive arguments over the President’s eligibility for the 2027 election cannot fully take centre stage in the proceedings….See more