The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to reinstate Oladipupo Adebutu as the Peoples Democratic Party (PDP) governorship candidate for the 2027 Ogun State election, ruling that the commission lacks the power to unilaterally disqualify a candidate nominated by a political party.
Justice Peter Lifu gave the order on Friday, directing INEC to correct its list of candidates published on October 10, 2026, and include Adebutu’s name within 24 hours.
The judge also held that INEC breached Adebutu’s right to fair hearing by excluding his name without giving him an opportunity to respond. He described the commission’s action as unlawful, unconstitutional and of no effect.
The judgment followed a suit filed by the PDP and Adebutu after his name was omitted from INEC’s list of candidates for the 2027 governorship election. Before delivering the substantive ruling, Justice Lifu dismissed INEC’s preliminary objection seeking to have the case thrown out, holding that the plaintiffs’ originating summons was competent.
In explaining the court’s decision, Justice Lifu maintained that the power to nominate candidates for elections rests with political parties, while the authority to disqualify a nominated candidate lies with the courts.
He said INEC could not independently remove a candidate whose name had been submitted by a political party, even where the commission believed there were irregularities. Instead, it was required to approach a competent court for a determination.
The judge also found that Adebutu had been validly nominated at the PDP governorship primary held on May 24, 2026, and that no successful challenge had been brought against his nomination within the relevant period.
A major issue during the hearing was whether Adebutu’s name was included in the membership register and electronic records submitted by the PDP to INEC.
The party’s National Organising Secretary, Umar Bature, who testified for the plaintiffs, told the court that Adebutu’s name was included in the flash drive submitted to the commission. He also disputed the device presented by INEC, insisting that the one submitted by the party was silver in colour.
INEC’s witness, Mustapha Mohammed, a programme analyst with the commission’s ICT department, maintained that Adebutu’s name was missing from the records available to the commission. However, during cross-examination, he admitted that he was not the official who received the flash drive from the PDP and could not personally confirm the contents of the device originally submitted.
Justice Lifu said the evidence presented by the PDP’s witness remained unchallenged on key points and faulted the commission’s handling of the disputed records. He consequently resolved the issues in the suit in favour of the plaintiffs.
The court further declared that INEC could not validly conclude the 2027 Ogun governorship election without the participation of the plaintiffs, stating that such an election would be unconstitutional and of no effect.
The ruling is a significant development in the dispute over the PDP’s Ogun governorship ticket, which arose after INEC excluded Adebutu from its published list of Candidates.
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