A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to restore the name of Ladi Adebutu, the Peoples Democratic Party’s Governorship candidate in Ogun State, to its list of candidates for the 2027 election within 24 hours.
Justice Peter Lifu in his judgment held that INEC acted outside its statutory powers by excluding Adebutu without first giving him an opportunity to be heard or obtaining a court order disqualifying him.
The court dismissed INEC’s preliminary objection before determining the substantive suit filed by the PDP and Adebutu.
It ruled that the commission had no constitutional or statutory authority to independently remove a duly nominated candidate from an election.
Justice Lifu found that Adebutu participated in the party’s Governorship primary conducted on May 24, 2026, and was validly nominated.
He also noted that his name was forwarded to INEC and that no legal challenge was instituted against his nomination within the prescribed period.
The court faulted INEC for excluding Adebutu from the candidates’ list published on October 10, despite a subsequent request by the PDP leadership asking the commission to correct the omission.
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In evaluating the evidence, the judge said the testimony of the PDP’s National Organising Secretary, Umar Bature, remained unchallenged.
Bature had told the court that Adebutu’s name was included in the party’s membership register submitted to INEC on April 22, 2026.
The court also questioned the evidence of INEC’s witness, Mustapha Mohammed, who admitted under cross-examination that he did not personally receive the flash drive containing the party’s membership register and could not confirm the exact material submitted.
Justice Lifu consequently held that INEC breached Adebutu’s right to fair hearing and could not rely on administrative decisions to disqualify a candidate validly nominated by a political party.
He maintained that the power to disqualify a candidate after nomination rests with a court of competent jurisdiction, adding that INEC must approach the court where it believes a candidate’s nomination is defective.
The judge described the commission’s action as unlawful, unconstitutional and without legal effect, warning that allowing INEC to independently disqualify candidates could create uncertainty in the electoral process.
It further declared that INEC cannot validly announce the outcome of the 2027 Ogun State governorship election without the participation of the PDP and its candidate, warning that any election conducted in breach of the order would be unconstitutional and of no effect.
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(Editor: Anoyoyo Ogiagboviogie)
