Court Hears Atiku’s Motion Seeking To Amend Suit Against APC, Tinubu
Federal High Court adjourns Atiku’s amendment motion against Tinubu and APC to October 13 for hearing.
The Federal High Court in Abuja has fixed October 13 for hearing an application filed by former Vice President Atiku Abubakar and the African Democratic Congress seeking to amend their suit against President Bola Tinubu and the All Progressives Congress.
Justice Inyang Ekwo fixed the date on Monday after parties appeared before the court to address outstanding processes in the case.
Atiku’s counsel, Joseph Silas, told the court that although responses had been received from some of the defendants, the plaintiffs had not received Tinubu’s counter affidavit opposing the motion.
However, counsel to the President, Chief Wole Olanipekun, SAN, informed the court that the counter affidavit had been served on the plaintiffs on September 24. The court also confirmed proof of service.
The judge consequently adjourned the matter to October 13 for hearing of Atiku and ADC’s motion seeking permission to amend their originating summons.
The substantive suit, marked FHC/ABJ/CS/1888/2026, seeks to disqualify Tinubu and the APC from participating in the 2027 presidential election over allegations concerning the President’s National Youth Service Corps discharge certificate submitted to the Independent National Electoral Commission.
Atiku and ADC allege that a forged NYSC certificate was submitted to INEC. Tinubu and the APC have denied the allegation and asked the court to dismiss the suit.
The defendants have also raised objections concerning the competence of the case, including arguments relating to the timing of the suit and the plaintiffs’ legal standing.
In their motion to amend, Atiku and ADC said they discovered errors and omissions in their original filings. They specifically sought to correct the description of an INEC form and provide additional details and clearer copies of documents referenced in their case.
Tinubu has opposed the proposed amendment, arguing that it would introduce new issues and alter the substance of the original case.
INEC has also opposed the application, arguing that the proposed amendments could introduce a fresh cause of action or attempt to correct jurisdictional defects after the applicable deadline.
The court will now hear the arguments of the parties on October 13 before determining whether the proposed amendments should be allowed.
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