The Independent National Electoral Commission, INEC, has asked Federal High Court in Abuja to dismiss suit accusing President Bola Tinubu of submitting forged certificates in aid of his qualification to contest for presidency.
DailyVista247 gathered that the electoral body, in counter affidavit it filed through its team of lawyers led by Senior Advocate of Nigeria, SAN, Dr Alex Izinyon, maintained that legal action which was instituted against Tinubu by former Vice President and presidential candidate of African Democratic Congress, ADC, Atiku Abubakar, constituted gross abuse of judicial process.
It argued that suit failed to disclose any reasonable cause and therefore ought to be dismissed in its entirety.
According to INEC, Atiku was bereft of locus standi, legal right, to institute action, insisting issues raised in suit were hypothetical and academic.
The counter affidavit was supported with affidavit that was deposed to by Administrative Officer in Litigation and Prosecution Department of INEC, Ayuba Mohammed.
Although INEC did not speak to authenticity or otherwise of President Tinubu's educational credentials, it told court that as electoral umpire, it does not nominate candidates for political parties nor originate, manufacture, or procure personal certificates or credentials submitted by candidates or political parties sponsoring them.
It told court that in discharge of its Constitutional and statutory responsibilities, it receives documents submitted by candidates and deal with them in accordance with provisions of 1999 Constitution, as amended, Electoral Act 2026, and applicable Regulations and Guidelines.
INEC told court that contrary to impression conveyed in paragraphs 9 to 12 of Atiku's supporting affidavit, mere receipt of document submitted by or in respect of candidate does not constitute judicial or administrative determination by Commission as to authenticity of every statement or credential contained therein.
It added that Constitution already prescribed qualifications and disqualifications applicable to candidates for elective offices.
"That in answer to paragraphs 4 and 5 of Plaintiffs' Affidavit, section 137 of Constitution speaks for itself and applies in accordance with its terms to person who is proved, in accordance with law, to have presented forged certificate to 3rd Defendant.
"That 3rd defendant denies any suggestion that mere allegation that forged certificate was presented, without proof of fact of presentation and of alleged forgery, automatically activates constitutional disqualification prescribed by section 137(1)(j) of Constitution.
"That in respect of 2027 Presidential Election, 2nd Defendant submitted name and particulars of 1st Defendant to 3rd Defendant as its nominated Presidential Candidate in accordance with prescribed nomination process," INEC's deponent averred.
Justice Inyang Ekwo had earlier fixed September 28 for further proceedings on Atiku's suit marked FHC/ABJ/CS/1888/2026.
While ADC was joined as 2nd plaintiff, President Tinubu, his political party ruling All Progressives Congress, APC, and INEC were listed as 1st to 3rd defendants, respectively.
Specifically, Atiku, in 25 paragraph affidavit he personally deposed to in support of suit, alleged that President Tinubu submitted bogus National Youth Service Corps, NYSC, discharge certificate to INEC in aid of his qualification for presidential seat.
Insisting that President Tinubu gave false information about himself in Form CF0001 he tendered before INEC, plaintiffs drew court's attention to fact that NYSC certificate he submitted to electoral body bears name "Tinubu Bola Adekunle."
"I know that NYSC certificate is clearly not one obtained by 1st defendant, as it belongs to one Adekunle.
"The said NYSC certificate, bearing name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2.
"I know that said NYSC certificate is still in existence and in custody of 3rd defendant, INEC, and that it is forgery, as 1st defendant's name is not Adekunle, and yet he submitted it to 3rd defendant to be acted upon as genuine," Atiku averred.
He told court that Tinubu had been parading forged certificate since 1999, when he contested Lagos State governorship election.
Atiku therefore urged court, among others, to determine whether, in view of limitations in section 138(1)(a) and (b) of Electoral Act, 2026, and section 285(14)(c) of Constitution of Federal Republic of Nigeria, 1999 as amended, Plaintiffs will not be allowed to enforce binding provision of section 137(1)(j) of Constitution of Federal Republic of Nigeria, 1999 as amended, which applies, mutatis mutandis, to all candidates aspiring to office of President of Federal Republic of Nigeria.
As well as whether 1st and 2nd Defendants should be disqualified for presenting forged NYSC certificate to 3rd Defendant for 2023 and 2027 Presidential Elections, in breach of section 137(1)(j) of Constitution of Federal Republic of Nigeria, 1999 as amended.
Upon positive determination of legal questions, plaintiffs sought declaration that 1st Defendant presented forged certificate to 3rd Defendant when he contested for Governor of Lagos State in 1999, and thereby breached provision of section 137(1)(j) of Constitution of Federal Republic of Nigeria, 1999 as amended.
Likewise, an order disqualifying 1st and 2nd Defendants from participating in 2027 Presidential Election, for presenting forged certificate to 3rd Defendant when 1st Defendant contested for Governor of Lagos State in 1999.
