Atiku Seeks Personal Service of Court Papers on Tinubu in NYSC Certificate Case

The legal battle over the authenticity of President Bola Ahmed Tinubu’s National Youth Service Corps (NYSC) discharge certificate has been adjourned until September 28, after former Vice President Atiku Abubakar’s legal team insisted that the President must be personally served with the court processes.

The matter came before Justice Inyang Ekwo of the Federal High Court in Abuja on Tuesday but could not proceed because Atiku’s counsel, Joseph Onuh, told the court that efforts to personally serve Tinubu with the originating summons had been unsuccessful.

Onuh said the court processes had already been served on the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), listed as the second and third defendants respectively.

However, he maintained that personal service on Tinubu, who is the first defendant, had not been achieved.

Counsel to the President, Omosanya Popoola, SAN, indicated that he was prepared to accept the court documents on his client’s behalf in court.

Atiku’s lawyer, however, declined the offer and insisted that the originating summons be personally served on Tinubu.

Onuh asked the court to require the President’s counsel to provide an undertaking confirming that he was authorised to accept service on Tinubu’s behalf.

According to him, such an undertaking would help prevent future disputes over whether the President had been properly served and ensure that the case was not delayed by procedural arguments.

The disagreement over service ultimately prevented the court from moving ahead with the substantive issues in the suit.

Justice Ekwo consequently adjourned the matter to September 28 to allow further steps to be taken regarding service on the President.

The suit was filed by Atiku, the former vice president who is now seeking the presidency under the Africa Democratic Congress (ADC).

Atiku is challenging Tinubu’s eligibility to contest the 2027 presidential election, alleging discrepancies surrounding the NYSC discharge certificate submitted in connection with Tinubu’s presidential nomination.

The plaintiffs contend that the certificate bears the name “Tinubu Bola Adekunle”, rather than Tinubu’s publicly known name, Bola Ahmed Tinubu.

They further allege that the certificate was forged and that Tinubu did not obtain the document attributed to him.

The allegations remain claims before the court and have not been established by a final judgment.

A central part of Atiku’s case is Section 137(1)(j) of the 1999 Constitution, as amended.

The provision deals with the qualification of a person to contest for the office of President where that person has presented a forged certificate to INEC.

Atiku’s legal team is asking the court to apply the constitutional provision to Tinubu on the basis of its allegations concerning the NYSC certificate.

The case could therefore have significant implications for the political landscape ahead of the 2027 presidential election if the court ultimately finds in favour of the plaintiffs.

During Tuesday’s proceedings, Justice Ekwo also warned the parties and their lawyers against taking the dispute outside the courtroom through conventional or social media.

The judge stressed that the case must be determined through the judicial process rather than through public commentary.

He warned that parties or lawyers who publish materials concerning the proceedings could be held responsible for disobedience of the court, depending on the circumstances.

Justice Ekwo urged all parties to respect the judiciary and allow the court to determine the dispute.

The case has now been adjourned until September 28 for further mention, with the question of personal service on President Tinubu remaining the immediate procedural hurdle.

For now, the court has not ruled on the substantive allegations concerning the authenticity of the NYSC certificate. The dispute over the document, and whether it has any bearing on Tinubu’s constitutional eligibility for the 2027 election, will therefore remain before the court.