Court orders INEC to recognise Adebutu as Ogun PDP guber candidate

A federal high court in Abuja has ordered the Independent National Electoral Commission (INEC) to recognise Oladipupo Adebutu as the Peoples Democratic Party (PDP) governorship candidate for the 2027 election in Ogun state.

In a judgment delivered on Friday, Peter Lifu, presiding judge, directed INEC to publish Adebutu’s name as the party’s duly nominated candidate within 24 hours.

The judge held that the electoral commission lacked the powers to unilaterally remove the name of a candidate validly nominated by a political party.

He described INEC’s action as unconstitutional, unlawful and without effect.

Lifu said only a court of law has the authority to declare a candidate’s nomination invalid, not the electoral umpire.

Adebutu and his running mate’s names were missing from the list published on the electoral umpire’s website in October.

The politician had subsequently vowed to challenge the omission. On October 29, 2026, INEC rejected Adebutu’s petition on the subject.

‘BREACH OF RIGHT TO FAIR HEARING’

On the first issue, which bordered on the right to fair hearing, the judge described the right as fundamental to Nigeria’s jurisprudence.

“It is a judicial or administrative hearing conducted by due process,” the court held.

“Therefore, before a decision is taken over a person, such person must be afforded the right to fair hearing.”

Lifu held that INEC breached Adebutu’s rights by removing his name without giving him an opportunity to defend his candidacy.

“When a right is vested in a person, such right cannot be taken away without hearing from the person,” the judge ruled.

“Adebutu was not accorded the right to be heard before INEC took the decision. Therefore, the right to fair hearing of the plaintiff is breached.”

On the second issue, concerning INEC’s authority to remove a candidate’s name after nomination by a political party, the judge said the first plaintiff had established that Adebutu was duly nominated and his name forwarded to the commission.

Lifu said his review of the supreme court’s judgment did not support INEC’s decision to remove the candidate.

“I have taken a cursory look at the judgment of the supreme court. The supreme court did not give INEC the power to start omitting or removing names of members from a party,” he said.

“INEC does not have the power to remove names or disqualify any candidate on its own. The power to disqualify a candidate after the name has been forwarded resides with the federal high court or state high court.

“The commission lacks the power to disqualify any candidate. Even if INEC believes that the name of a candidate was omitted, the commission must approach the court that has the power to remove the name.

“The power to nominate a candidate for an election exclusively belongs to a political party, and the exercise of that power is within a party.

“A court has no power to nominate a candidate. That has been the position of the law. The effect of the above is that no authority can nominate a candidate or remove it.”

On the third issue for determination, the judge noted that there was no initial opposition by the electoral commission to Adebutu’s emergence as PDP’s governorship candidate.

“All issues such as nomination issues, publications, are all pre-election matters. Adebutu was declared winner of the primary election on May 24. INEC did not raise any issue,” Lifu said.

“As far as I know, no person filed any suit to challenge Adebutu 14 days after the conduct of the poll. It was baffling that INEC waited until August.

“This court has established that INEC lacks the power to disqualify any candidate.

“INEC should have approached the court to disqualify the candidate but it waited until after four months to take the action. This, to me, is an afterthought.

“If this is not resolved, there will be a day that INEC will disqualify a candidate a day to election. This must not be allowed. This would be an absurdity.

“I resolve this issue in favour of the plaintiffs.”