COURT ORDERS INEC TO REINSTATE ADEBUTU AS OGUN PDP GOVERNORSHIP CANDIDATE

The Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to reinstate the Peoples Democratic Party (PDP) governorship candidate in Ogun State, Ladi Adebutu, on its list of candidates for the 2027 election within 24 hours.

Justice Peter Lifu, who delivered the judgment on Friday, held that INEC acted outside its constitutional and statutory powers by removing Adebutu’s name from the list without following due process.

The court ruled that the commission violated Adebutu’s right to fair hearing by excluding him without giving him an opportunity to defend himself.

Justice Lifu consequently declared the removal of his name unlawful, unconstitutional and invalid.

The judge maintained that INEC lacked the authority to independently disqualify a candidate validly nominated by a political party, noting that such powers rested with the Federal High Court or a State High Court.

The judgment followed a suit filed by the PDP and Adebutu after the commission omitted his name from the final list of candidates published on October 10, 2026.

Before determining the substantive issues, the court dismissed INEC’s preliminary objection challenging the competence of the suit, ruling that the originating summons was properly signed by a senior lawyer and contained the names of other legal practitioners in his firm.

In the suit, Adebutu told the court that he contested the 2019 Ogun State governorship election and represented the PDP in the 2023 poll.

He also stated that he participated in the party’s primary election for the 2027 governorship race and emerged as its candidate on May 24, 2026.

According to him, the party subsequently published his name on August 29 without any objection before INEC released its final list in October, leaving him out.

The plaintiffs further told the court that the PDP and its National Secretary wrote to INEC on October 14, requesting the restoration of Adebutu’s name, but the commission failed to act on the request.

The PDP’s National Organising Secretary, Umar Bature, who testified for the plaintiffs, confirmed that Adebutu was a registered member of the party and that his name was contained in the membership register submitted to INEC.

Bature said the party forwarded its membership register, containing more than 30,000 names, to the commission through a flash drive on April 22, 2026.

He further told the court that Adebutu registered as a party member on February 24, 2026, adding that his membership had never been disputed.

However, INEC’s witness, Mustapha Mohammed, a programme analyst with the commission, told the court that a search conducted before the publication of the final candidates’ list did not produce Adebutu’s name in the PDP membership register.

Mohammed said the name of Adebutu’s deputy governorship candidate was, however, found in the register.

Under cross-examination, the witness admitted that he was not the official who received the flash drive from the PDP and could not independently confirm the contents of the device submitted by the party.

In his findings, Justice Lifu held that INEC failed to provide sufficient evidence to establish that Adebutu’s name was missing from the membership register submitted by the PDP.

The judge also faulted the commission for failing to challenge the conduct of the party’s May 24 primary election within the period stipulated by law.

He questioned why INEC waited until August before raising concerns over the candidate’s eligibility, noting that no suit had been filed to challenge Adebutu’s nomination within 14 days after the primary.

Justice Lifu warned against allowing the electoral commission to exercise powers beyond those expressly provided by law, cautioning that such a practice could create room for candidates to be disqualified shortly before elections.

The judge further stressed that the exclusive responsibility for nominating candidates rested with political parties, adding that INEC could not independently overturn such decisions.

He said the commission, if it had concerns about Adebutu’s eligibility, ought to have approached a competent court for determination rather than unilaterally removing his name.

The court consequently ordered INEC to correct the candidates’ list published on October 10, 2026, and include Adebutu as the PDP governorship candidate for Ogun State.

It also declared that the commission could not validly announce the outcome of the 2027 Ogun State governorship election without the participation of the plaintiffs, warning that any election conducted in violation of the order would be unconstitutional and of no effect.