The Federal High Court in Abuja has fixed October 13, 2026, for the hearing of an application by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their originating summons in a suit challenging President Bola Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The case, marked FHC/ABJ/CS/1888/2026, came up for further mention on Monday before Justice Inyang Ekwo.
At the resumed proceedings, counsel to the plaintiffs, Joseph Silas, informed the court that all defendants had been served with the necessary processes within the required period and that the plaintiffs had responded to the documents filed by the defendants.
The development followed an earlier dispute over service of court processes on the President, which had delayed progress in the matter.
Counsel to President Tinubu, Chief Wole Olanipekun, SAN, told the court that the service issue arose after counsel representing the APC, Popoola Owosanya, had offered at a previous sitting on September 1, 2026, to receive the processes on behalf of the first defendant.
Olanipekun said the offer was rejected by the plaintiffs’ counsel, who later approached the court for an order allowing substituted service on the President after claiming that personal service had not been successful.
The senior lawyer argued that the plaintiffs’ position was inconsistent, alleging that they later attempted to present a different narrative before the court.
Justice Ekwo, however, directed counsel to focus on the matter scheduled for hearing.
Following confirmation that the defendants had been served with the application, Silas informed the court that the plaintiffs’ motion seeking amendment of the originating summons was ready for hearing.
The judge subsequently adjourned the case.
“This case is hereby adjourned until the 13th of October 2026, for hearing of the motion to amend originating summons,” Justice Ekwo ruled.
The suit was filed in August by Atiku and the ADC, challenging President Tinubu’s eligibility to contest the 2027 presidential election.
The plaintiffs’ case centres on an alleged discrepancy involving the name contained on a National Youth Service Corps (NYSC) discharge certificate submitted to INEC and the President’s official name.
The allegation forms part of the substantive issues that are yet to be determined by the court.
Earlier, on September 16, the court granted the plaintiffs permission to serve Tinubu through the APC after they told the court that attempts to effect personal service had been unsuccessful.
The order was challenged by the APC, which argued that Tinubu’s legal representatives had already received the originating processes and filed responses before the application for substituted service was made.
Meanwhile, INEC has also filed its response challenging the competence of the suit, raising issues including the plaintiffs’ locus standi and alleged abuse of court process.
The October hearing is expected to determine whether the plaintiffs will be allowed to amend their originating summons as the legal battle over the eligibility challenge continues.
