The Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) has argued that former Vice President Atiku Abubakar is not eligible under the constitution to contest for President.

The AGF argued that, having not been born a Nigerian or by Nigerian parents, and having not met the provisions of Sections 25(1) &(2) and 131(a) of the constitution, Atiku would be violating Section 118(1)(k) of the Electoral Act should he put himself forward as candidate.

These form part of the AGF's arguments in support of the suit filed before the Federal High Court, Abuja by the Incorporated Trustees of Egalitarian Mission for Africa (EMA).
 
The EMA is challenging Atiku's eligibility to contest for President and praying the court to hold among others, that considering the provisions of sections 25(1) &(2) and 131(a) of the constitution and the circumstances surrounding his birth, the former vice president cannot contest for the top office
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