From Victor Osula, Abuja
The Federal High Court in Abuja has 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.
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 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.
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.
