A court has granted former Vice President Atiku Abubakar permission to serve President Bola Tinubu through substituted means in a legal battle involving allegations of certificate forgery.
The judicial decision follows an application by Atiku’s legal team, seeking an alternative method to deliver court processes to the President. The lawsuit contends that the President submitted a fraudulent National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC) to satisfy the requirements for his presidential candidacy.
The permission for substituted service allows the petitioner to bypass the hurdles often encountered when attempting to serve high-ranking officials personally. This method typically involves publishing the court processes in a national newspaper or delivering them to a designated official residence or office, as permitted by the court’s order.
Legal implications of the certificate allegation
The core of the legal dispute rests on the authenticity of the documentation provided to INEC during the electoral process. Atiku Abubakar alleges that the NYSC certificate presented by the President is not genuine, a claim that strikes at the heart of the constitutional eligibility requirements for the presidency in Nigeria.
Under the 1999 Constitution of the Federal Republic of Nigeria, candidates for the office of the President must have completed the mandatory National Youth Service Corps programme or be exempted from it. Any discrepancy in these documents, if proven in court, could lead to significant legal consequences regarding the validity of the President’s election and tenure.
The move to serve the President through substituted means regarding the alleged certificate forgery indicates that the petitioner’s legal counsel has faced difficulties in effecting personal service on the President or his legal representatives. Substituted service is a procedural remedy used when a defendant is being evasive or when personal service is practically impossible through standard methods.
This development follows a period of intense political scrutiny regarding the academic and service records of various political leaders in Nigeria. The legal team for President Tinubu has previously maintained the authenticity of his credentials, dismissing such claims as politically motivated attempts to undermine his administration.
As the service of the court processes begins, the legal proceedings are expected to move into the substantive stage, where evidence regarding the NYSC certificate will be presented and scrutinized by the court. The proceedings will depend on the ability of the petitioner to provide verifiable proof of the alleged forgery against the documents held by INEC.
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