Former Vice President Atiku Abubakar’s legal challenge to President Bola Ahmed Tinubu’s eligibility for the 2027 presidential election has suffered a setback, with the Federal High Court in Abuja moving the case to September 28 for further proceedings.

The case came up before Justice Inyang Ekwo on Tuesday, but the proceedings were dominated by a dispute over the service of the court documents on President Tinubu.

Atiku’s counsel, Joseph Onu, told the court that efforts to personally serve Tinubu with the originating summons had been unsuccessful. He therefore sought permission to serve the President through substituted means.

However, counsel to Tinubu, Omosanya Popoola, SAN, offered to accept the court process on behalf of the President and asked the court to direct Atiku’s lawyer to hand the documents to him in open court for onward delivery to his client.

Atiku’s legal team declined the offer, insisting that Popoola should first provide a written undertaking confirming that he had Tinubu’s authority to receive the documents on his behalf.

Another Senior Advocate of Nigeria, Alex Izinyon, who represented the Independent National Electoral Commission (INEC), also urged the court to allow the originating summons to be served through Tinubu’s counsel.

The disagreement over the mode of service could not be resolved, leading Justice Ekwo to adjourn the matter until September 28, 2026.

Atiku, the presidential candidate of the African Democratic Congress (ADC), instituted the suit against Tinubu, the All Progressives Congress (APC) and INEC, seeking a determination of whether the President is constitutionally qualified to contest the 2027 presidential election.

A major issue raised by Atiku concerns an alleged discrepancy in the name on an NYSC discharge certificate submitted to INEC. According to the former vice president, the certificate bears the name “Tinubu Bola Adekunle,” while the President is known as “Bola Ahmed Tinubu.”

Atiku is asking the court to determine whether the alleged discrepancy and other issues raised in the suit affect Tinubu’s constitutional eligibility to contest the 2027 presidential election.

He also alleges that the certificate was not obtained by Tinubu and has asked the court to determine whether its alleged presentation to INEC amounts to the presentation of a forged certificate, which could trigger the relevant constitutional disqualification provision. These remain allegations before the court and have yet to be judicially determined.

The former vice president and the ADC are also challenging provisions of the Electoral Act, 2026, which they argue restrict the circumstances under which a candidate’s qualification can be challenged before an election.

The case will now return before Justice Ekwo on September 28 for further proceedings.