President Bola Ahmed Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) have called on the court to throw out a pre-election suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) regarding an alleged NYSC discharge certificate forgery.

 

The defense team and the electoral body submitted strong legal objections, describing the lawsuit as incompetent, hypothetical, and lacking in subtsance.

 

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**Core Defense Arguments by Tinubu and the APC**

 

Counsel representing Tinubu and the APC raised several key points challenging the validity of the claims brought forward by the plaintiffs:

 

* **Absence of Official Disclaimer:** The defense highlighted that neither Atiku nor the ADC presented an official disclaimer from the National Youth Service Corps (NYSC) explicitly denying the issuance of the discharge certificate attributed to Tinubu.

* **Failure to Produce Original Documents:** The defense argued that the legal standard for proving forgery was not met, as the plaintiffs failed to produce the original document alongside the alleged forged copy for direct forensic comparison.

* **Lack of Locus Standi:** Tinubu and the APC maintained that Atiku and the ADC lack the legal standing (*locus standi*) to challenge internal primary outcomes or the emergence of the APC’s presidential candidate.

* **Hypothetical Case:** Based on these omissions, the defense urged the court to treat the suit as speculative and lacking sufficient material facts.

 

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**INEC Challenges Jurisdiction and Procedure**

 

Filing a preliminary objection through its lead counsel, Alex Emeje Izinyon, SAN, the Independent National Electoral Commission also asked the court to dismiss the case outright, citing multiple procedural defects:

 

* **Statute-Barred:** INEC contended that the lawsuit was instituted outside the mandatory statutory timeframe permitted for pre-election matters.

* **Non-Compliance with Practice Directions:** The commission pointed out that the plaintiffs failed to comply with the Federal High Court Pre-Election Practice Directions, particularly regarding the proper filing of written depositions.

* **Abuse of Court Process:** INEC asserted that the action discloses no reasonable cause of action and represents an abuse of the judicial process.

 

With both the defense team and the electoral umpire pushing for a total dismissal, all eyes remain on the court's upcoming ruling regarding the preliminary objections and jurisdiction.