Former Vice President Atiku Abubakar has raised a fundamental constitutional question in his latest legal challenge against President Bola Tinubu, asking whether an Act of the National Assembly can be invoked to shield a presidential candidate from an express requirement of the Nigerian Constitution.
Atiku’s position forms part of a fresh legal battle over Tinubu’s eligibility to contest the 2027 presidential election, with the former vice president seeking far-reaching reliefs should the court uphold the plaintiffs’ case.
Among the substantive reliefs being sought is an order disqualifying Tinubu and the All Progressives Congress (APC) from participating in the 2027 presidential election if the allegations and constitutional claims are established.
Atiku argued that statutory provisions cannot be used to override constitutional requirements, stressing that public office holders must remain subject to the same legal standards applicable to ordinary Nigerians.
Drawing an analogy with the National Youth Service Corps (NYSC), the former vice president said Nigerian graduates could not complete their documentation under one identity and subsequently ask prospective employers to disregard inconsistencies in their records.
He maintained that occupying the presidency should not confer immunity from constitutional scrutiny.
“The Presidency is not an immunity certificate against constitutional scrutiny,” Atiku argued, stressing the need for the courts to determine whether the relevant statutory provisions relied upon by Tinubu and his supporters can withstand constitutional examination.
Atiku also called on the Independent National Electoral Commission (INEC) to demonstrate neutrality by making relevant electoral records available to the court.
He said access to the records was necessary to enable the judiciary to properly examine the issues raised in the suit and determine whether the constitutional and electoral requirements had been satisfied.
The latest action comes against the backdrop of Atiku’s previous legal challenge to Tinubu’s 2023 presidential election victory.
In October 2023, the Supreme Court dismissed Atiku’s appeal challenging the election outcome and declined to admit fresh evidence relating to alleged certificate forgery.
The apex court had held that the issue was not properly reflected among the grounds of the original petition within the constitutional time limit for challenging the election.
Atiku’s latest legal move therefore places the disputed questions surrounding Tinubu’s eligibility and identity records before the courts again, with the outcome potentially carrying significant implications for the 2027 presidential contest.
The case is expected to renew debate over the relationship between Nigeria’s Constitution, electoral laws and the powers of the National Assembly, particularly where statutory provisions appear to conflict with constitutional requirements.