November 15, (THEWILL) – The power of the Independent National Electoral Commission INEC to determine candidates for political parties during elections has once again been struck down. All the tricks played by INEC to justify its deliberate exclusion of Adebutu were frustrated by the judge. Abuja Federal High Court Judge, Justice Peter Lifu, in a judgment delivered on Friday, held that INEC had no constitutional authority to unilaterally remove the name of a candidate validly nominated by a political party.
The judge described the commission’s action as unconstitutional, unlawful and of no effect, maintaining that INEC could not assume judicial powers by independently determining the validity of a political party’s nomination. According to him, the authority to invalidate a candidate’s nomination rests with a court of competent jurisdiction, including the Federal High Court or the relevant State High Court, and not the electoral commission. Justice Lifu also held that INEC violated Adebutu’s right to a fair hearing by excluding his name without allowing him to challenge the decision.
The court further dismissed the preliminary objection filed by INEC against the suit, ruling that the case instituted by the PDP and Adebutu was competent. The court ordered the Independent National Electoral Commission (INEC) to publish the name of Oladipupo Adebutu as the Peoples Democratic Party (PDP) governorship candidate for Ogun State in the 2027 general election, giving the commission 24 hours to comply.
National Publicity Secretary, Hon. Jungudo Haruna Mohammed, said the PDP welcomed the judgment as a victory for democracy, justice and the rule of law. The party said the development had energised its members, supporters and stakeholders as it intensified preparations for the 2027 general elections. It urged the people of Ogun State to rally behind Adebutu and other PDP candidates, promising a government focused on economic opportunities, infrastructure, education and healthcare. “Our desire and commitment is to build an Ogun State where economic opportunities are expanded, infrastructure is strengthened, education and healthcare receive the attention they deserve, and government genuinely serves the interests of the people,” Jungudo said.
In his reaction, Adebutu said, “Justice has prevailed! Relief is here. From the moment my name was omitted from INEC’s published list, I maintained that the facts surrounding my PDP membership, registration and the process that produced me as the party’s governorship candidate were clear.” He thanked the national leadership of the PDP, particularly Minister of the Federal Capital Territory, Nyesom Wike, and the party’s National Chairman, Abdulrahman Mohammed, “for their support and confidence throughout the legal proceedings.”
“I am equally grateful to the Ogun State PDP leadership, our members, supporters and the good people of Ogun State who remained steadfast. Your patience, encouragement and confidence have been invaluable.” Member, Governorship Campaign Committee, Wala Adedayo told THEWILL: “When the news came that the names of our Governorship candidate, Hon. Ladi Adebutu, and his running mate, Alhaja Yemi Showunmi-Kolapo, were not on the INEC portal, it was a shock. But we got to know about the games being played later. Our resolve was to explore the judicial option, which has now borne fruit. With the verdict of the Federal High Court, there is a certain feeling, not just among our party members, but also among those who do not have any political affiliation, that there is still hope for democracy in Nigeria. My belief is that ours is a young democracy. In a young democracy, the institutions that uphold democracy are still weak. And it is the duty of those there to prove their worth as the guardians of democracy, as the Federal High Court has shown. Nigeria’s democracy will certainly grow. But we pray that those holding positions in the institutions that should uphold democratic practices in the country will continue to live up to expectations.”
THEWILL recalls that the PDP and Adebutu filed the suit on October 22 after discovering that his name had been omitted from the final list of candidates for the 2027 Ogun governorship election published by INEC on October 10. The plaintiffs joined INEC as the sole defendant in the action instituted through their counsel, Ahmed Raji, SAN. They asked the court to determine six questions and grant 11 reliefs, principally seeking to establish the legality or otherwise of the commission’s decision to omit, remove or refuse to publish Adebutu’s name as the party’s governorship candidate.
Their challenge centred on the alleged violation of his right to fair hearing and the provisions of Sections 29 and 32 of the Electoral Act, 2026. Among the reliefs sought was an order setting aside INEC’s decision to exclude Adebutu from the final list of candidates published on October 10. The plaintiffs argued that the commission’s action was unlawful and inconsistent with the relevant provisions of the Electoral Act, particularly because the decision was taken without observing the requirement of fair hearing. They also sought an order compelling INEC to include and publish Adebutu’s name as the PDP governorship candidate for Ogun State within 24 hours of the court’s order. In their application, they specifically asked the court to direct the commission to recognise Adebutu as the party’s candidate in the forthcoming 2027 general election.
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INEC had challenged the competence of the suit through a preliminary objection. However, Justice Lifu dismissed the application, clearing the way for the court to determine the substantive issues raised by the plaintiffs. In resolving the dispute, the judge held that the commission could not exercise powers constitutionally reserved for the judiciary by independently declaring a party’s nominated candidate invalid. He maintained that where questions arise over the validity of a candidate’s nomination, the appropriate judicial authority, rather than INEC acting unilaterally, must determine the matter. The judgment culminated in an order directing INEC to publish Adebutu’s name as the PDP governorship candidate for Ogun State within 24 hours. In what looked like a deliberate ploy to exclude Adebutu’s name, INEC, however, opposed the suit, maintaining that Adebutu’s name was not contained in the membership register submitted by the PDP to the commission.
In a counter-affidavit deposed to by Mustapha Mohammed, a Chief Programme Analyst in INEC’s Information and Communication Technology Department, the commission told the court that its records did not contain Adebutu’s name in the register submitted by the party. Mohammed stated that the only name found in the register was that of the PDP deputy governorship candidate in Ogun State, Kolapo Lateefat Oyeyemi. The dispute over the contents of the documents submitted by the PDP and received by INEC featured prominently during proceedings, with both parties presenting conflicting accounts.
At the November 5 sitting, the plaintiffs and INEC called witnesses to substantiate their respective positions. Testifying for the plaintiffs, the PDP National Organising Secretary, Umar Bature, told the court that Adebutu’s name was included in the flash drive containing the party’s list of candidates submitted to INEC. Led in evidence by Raji, Bature said the PDP complied with the requirements of the Electoral Act and Paragraph 4(3) of Part I of the Regulations and Guidelines for Political Parties, 2026, issued by INEC. He explained that the party submitted a soft copy of its candidates’ list through a flash drive, in accordance with the stipulated guidelines. Bature also drew the court’s attention to what he described as a discrepancy in the flash drives presented by the parties.
According to him, the flash drive submitted by the PDP to INEC was silver in colour, contrary to the colour of the device brought to court by the commission. He maintained that the device originally submitted by the party contained the names of all its candidates, including Adebutu. However, Mohammed, who testified for INEC, maintained that Adebutu’s name was not included in the list of candidates submitted by the PDP.
The INEC official told the court that the party submitted both hard and soft copies of its candidates’ list to the commission but insisted that the documents received did not include Adebutu’s name. The conflicting testimonies placed the contents of the submitted electronic records and the identity of the flash drives at the centre of the dispute. While the PDP maintained that it duly submitted Adebutu’s name, INEC insisted that the records presented to the commission did not reflect the candidate. After hearing the parties and taking their final submissions, Justice Lifu adjourned the matter until November 13 for judgment.
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