A judge has ordered former Vice President Atiku Abubakar to serve President Bola Tinubu with a legal suit concerning his eligibility for the 2027 presidential election through the All Progressives Congress (APC).
The court granted the order for substituted service, a procedural move that allows the legal challenge to proceed despite the complexities of personally serving a sitting president. The court order for Atiku Abubakar to serve President Bola Tinubu through the APC ensures that the litigation regarding the 2027 polls can move forward in the judicial system.
The suit, filed by Atiku, challenges the legal standing or eligibility of the current President to contest the next general election. By directing the service through the ruling party, the court has provided a clear mechanism for the plaintiff to meet the requirements of the law without being stalled by the logistical difficulties of personal service on the President.
Legal implications of substituted service
In the Nigerian legal system, substituted service is a remedy employed when a plaintiff demonstrates to the court that personal service of court processes on a defendant is impractical or cannot be achieved through standard methods. In cases involving high-ranking government officials, such orders are frequently used to prevent the legal process from being indefinitely delayed by the administrative or security protocols that govern the movement and presence of a Head of State.
By allowing the APC to act as the recipient of the suit, the court treats the political party as the official conduit for the President. Once the documents are formally delivered to the party’s headquarters or designated officers, the law considers the President to have been duly notified of the proceedings. This prevents the defendant from claiming a lack of awareness or failure of service as a reason to dismiss the case at a later stage.
The lawsuit arrives as political discussions regarding the 2027 general elections begin to emerge within the Nigerian political landscape. Atiku Abubakar, a veteran politician and former Vice President, has frequently engaged in legal battles regarding electoral laws and the qualifications of presidential candidates. His challenge to the President’s eligibility represents a significant attempt to influence the legal framework governing future elections.
Legal experts note that the outcome of such a suit could set a precedent for how constitutional eligibility is interpreted for future presidential aspirants. The core of the dispute will likely centre on constitutional provisions regarding term limits, age requirements, or other qualifications mandated by the 1999 Constitution of the Federal Republic of Nigeria.
The APC has not yet issued an official statement regarding the court’s directive to receive the suit on behalf of the President. Following the service of the documents, the court is expected to schedule a hearing to determine the merits of the eligibility challenge.
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