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INEC Wants Atiku's Certificate Suit Thrown Out Without Being Heard

INEC Wants Atiku's Certificate Suit Thrown Out Without Being Heard

Geo-Political News

The Independent National Electoral Commission has asked an Abuja court to dismiss Atiku Abubakar's suit over President Bola Tinubu's alleged forged NYSC certificate, arguing that Atiku lacks the legal standing to bring it and that the filing is an abuse of court process. President Tinubu and the APC, the All Progressives Congress, have separately asked for the case to be struck out.

court gavel legal documents desk
court gavel legal documents desk Photograph by Wesley Tingey via Unsplash.

Two different arguments, and only one of them is about the certificate

A preliminary objection says the court should not hear a case at all. It is a legitimate and routine tool, and it is decided before any evidence is examined. Whether a document is genuine is a separate question that only arises if the objection fails.

Question before the courtStage
Can Atiku bring this caseNow
Was this filing made in timeNow
Is the certificate genuineOnly if the first two are cleared

Most Nigerian election litigation ends on the first two rows.

Why standing keeps deciding these cases. Nigerian courts have repeatedly held that only a candidate or party with a direct interest in a specific election can challenge a candidate's qualification, and only within tight statutory windows. It is a sound principle against vexatious litigation. It also means documentary questions about serving officeholders are frequently never examined on their merits.

The position INEC has put itself in

The commission is the body that accepts nomination papers, and it is now arguing that the person challenging what was accepted should not be heard. That is defensible in law. It sits awkwardly with the commission's stated interest in public confidence ahead of 2027, in a week when it has been telling the world about its cybersecurity preparations.

An institution can be legally correct and still lose the argument it actually needs to win, which is the one about whether people trust it.

What to watch

The ruling on the objections, and its reasoning. If the case is dismissed on standing, the allegation remains exactly where it was: publicly made, never tested, and available to be made again in 2027. If it proceeds, Nigeria gets something rare, which is a documentary dispute about a sitting president heard in open court.

Reporting: Daily Post Nigeria, Legit.ng, BarristerNG and Independent Newspaper Nigeria.

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