According to reports, the APC argued that the application was unnecessary because Tinubu’s legal team had already obtained the originating court documents, filed a preliminary objection on September 14 and submitted his defence on September 15. The party said both filings had been served on Atiku’s legal representatives before the substituted service application was brought on September 16.

The APC also stated that it lacked Tinubu’s consent or authority to receive court documents on his behalf, noting that the president had engaged his own legal team.

The suit, filed by Atiku and the African Democratic Congress, challenges Tinubu’s eligibility to contest the 2027 presidential election over allegations concerning documents submitted to INEC, including his NYSC discharge certificate. The allegations remain subject to judicial determination.

The case is scheduled to return before the Federal High Court in Abuja on September 28, 2026.