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Court orders INEC to publish Adebutu as Ogun PDP governorship candidate

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Court orders INEC to publish Adebutu as Ogun PDP governorship candidate

The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to reinstate Oladipupo Adebutu’s name on its list of candidates for the 2027 Ogun State governorship election, ruling that the commission lacks the power to unilaterally disqualify a candidate validly nominated by a political party.

Justice Peter Lifu gave the order on Friday, directing INEC to amend its final list of candidates, published on October 10, 2026, to include Adebutu’s name within 24 hours.

The judge held that the commission acted beyond its constitutional and statutory powers when it excluded Adebutu from the list without giving him an opportunity to respond to the grounds for his removal.

He described the action as unlawful, unconstitutional and of no legal effect, adding that the authority to determine the validity of a candidate’s qualification after nomination rests with the courts.

The judgment followed a suit filed by Adebutu and the Peoples Democratic Party (PDP) after the commission omitted his name from the list of candidates for the Ogun governorship election.

Adebutu told the court that he participated in the PDP governorship primary held on May 24, 2026, and emerged as the party’s candidate. He said the party subsequently published his name on August 29, but INEC left him out when it released the final list in October.

The plaintiffs, represented by Senior Advocate of Nigeria, Ahmed Raji, challenged the commission’s decision, arguing that it had no authority to invalidate the party’s nomination through an administrative decision.

INEC had maintained that its verification exercise did not establish Adebutu’s name in the PDP membership register submitted to the commission. Its witness, Mustapha Mohammed, a programme analyst, told the court that the name of Adebutu’s running mate appeared in the register, while Adebutu’s did not.

However, during cross-examination, the witness admitted that he was not the official who received the flash drive containing the party’s membership register and could not confirm its exact contents.

The PDP’s National Organising Secretary, Umar Bature, had testified that Adebutu was a registered member of the party and that his details were included in the membership register submitted to INEC on April 22, 2026.

Justice Lifu faulted the commission’s handling of the matter, holding that it should have approached a competent court if it believed the candidate was not qualified to contest the election.

He also dismissed INEC’s preliminary objection challenging the competence of the suit, ruling that the originating summons was properly filed.

The court further held that INEC could not validly announce the result of the 2027 Ogun governorship election without the participation of the plaintiffs, warning that an election conducted in disregard of the order would be unconstitutional and of no effect.

The ruling represents a major legal victory for Adebutu, who contested the 2023 Ogun governorship election as the PDP candidate and is seeking the party’s ticket again for the 2027 poll.

The decision, however, remains subject to any further proceedings or appeal that may arise from the judgment.

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