By Peter Emmanuel |
The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to reinstate Ladi Adebutu as the Peoples Democratic Party (PDP) governorship candidate in Ogun State for the 2027 election.
Justice Peter Lifu, who delivered the judgment on Friday, November 13, directed INEC to rectify the list of candidates published on October 10, 2026, to reflect Adebutu’s name within 24 hours.
The court held that the commission lacked the power to unilaterally disqualify a candidate validly nominated by a political party, describing Adebutu’s exclusion as unlawful, unconstitutional and of no effect.
It also ruled that the commission breached his right to fair hearing by removing his name without giving him an opportunity to respond.
Court Dismisses INEC’s Objection, Rules Adebutu’s Exclusion Unlawful
Before delivering its judgment on the substantive suit, Justice Lifu dismissed INEC’s preliminary objection seeking the dismissal of the case filed by the PDP and Adebutu.
The commission had challenged the competence of the suit, but the judge held that the originating summons was properly signed by the plaintiffs’ senior counsel and contained the names of other lawyers in his firm. He consequently ruled that the suit was competent.
On the issue of fair hearing, the judge held that the right was fundamental to Nigeria’s legal system and that no person’s rights could be taken away without first giving them an opportunity to be heard.
He ruled that INEC violated Adebutu’s right to fair hearing by excluding his name from the candidates’ list without allowing him to respond to the issues surrounding his nomination and membership records.
Justice Lifu also held that INEC had no authority to independently disqualify a candidate after the political party had validly nominated and forwarded the candidate’s name. He maintained that the power to disqualify a candidate after nomination rests with the Federal High Court or a State High Court.
Judge Orders Commission to Publish Candidate’s Name Within 24 Hours
The judge further held that even where INEC discovers an alleged irregularity in a candidate’s nomination or membership records, the commission must approach a competent court rather than independently remove the candidate’s name.
Justice Lifu noted that the nomination of candidates for elections was exclusively within the powers of political parties, adding that neither INEC nor the courts could assume the responsibility of nominating candidates on behalf of a political party.
He also observed that nomination disputes were pre-election matters and noted that no suit had been filed within the stipulated 14 days to challenge Adebutu’s participation in the primary election.
The judge questioned why INEC waited several months before taking action against the candidate, warning that allowing the commission to independently disqualify candidates could create a situation where a candidate might be removed shortly before an election.
Consequently, the court ruled that INEC acted beyond its statutory powers and ordered the commission to correct its October 10 candidates’ list to include Adebutu’s name within 24 hours.
it also declared that the commission could not validly pronounce the result of the 2027 Ogun State governorship election without the participation of the plaintiffs, stating that such an election would be unconstitutional and of no effect.
Adebutu’s Emergence as PDP Candidate and the Dispute Over His Membership
Adebutu’s exclusion from INEC’s final list of candidates followed a disagreement over his membership records and compliance with provisions of the Electoral Act 2026.
Adebutu participated in the PDP governorship primary election conducted on May 24, 2026, where he emerged as the party’s candidate for the 2027 election. The party subsequently maintained that his name was duly submitted to INEC as part of its membership records.
However, when INEC published its final list of candidates on October 10, 2026, Adebutu’s name was missing, prompting the PDP and the candidate to challenge the commission’s decision in court.
During the proceedings, the PDP National Organising Secretary, Umar Bature, who testified as the plaintiffs’ first witness, told the court that Adebutu registered as a party member on February 24, 2026, and that his name was included in the membership register submitted to INEC on April 22, 2026. He said the register contained more than 30,000 members and was submitted through a flash drive.
However, INEC’s witness, Mustapha Mohammed, a programme analyst with the commission, maintained that the commission’s examination of the membership records showed Adebutu’s name was missing, although his deputy governorship candidate’s name was included.
Under cross-examination, Mohammed 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.
The judge faulted the inconsistencies in the commission’s witness testimony and held that Bature’s evidence remained unchallenged and uncontroverted. He consequently ruled in favour of the plaintiffs, holding that INEC failed to establish a lawful basis for excluding Adebutu from the candidates’ list.
