Photo: Mr Adebutu
By Mandy Park
A Federal High Court in Abuja has ordered the Independent National Electoral Commission to recognise former Ogun State governorship candidate, Oladipupo Adebutu, as the Peoples Democratic Party’s duly nominated candidate for the 2027 governorship election.
The court also directed INEC to publish Adebutu’s name as the party’s governorship candidate within 24 hours, declaring the commission’s decision to omit his name from its list of candidates unconstitutional, unlawful and without legal effect.
Justice Peter Lifu, who delivered the judgment on Friday, held that INEC lacked the constitutional and statutory powers to unilaterally disqualify a candidate validly nominated by a political party.
The judge maintained that the authority to invalidate a candidate’s nomination rested with a court of competent jurisdiction and not the electoral commission.
Adebutu had approached the court to challenge INEC’s decision to exclude his name and that of his running mate from the list of candidates published on the commission’s website in October.
The development followed the PDP chieftain’s emergence as the party’s governorship candidate after its primary election conducted on May 24, 2026.
However, his name was missing from the list released by INEC, prompting him to protest the decision and demand an explanation from the electoral umpire.
On October 29, 2026, INEC reportedly rejected Adebutu’s petition over the omission, a decision that subsequently led to the legal action.
In resolving the dispute, Justice Lifu considered three major issues, including whether INEC violated Adebutu’s right to fair hearing, whether the commission possessed the authority to remove his name after his nomination by the PDP, and whether its action was legally justified.
On the issue of fair hearing, the judge described the right as a fundamental principle of Nigeria’s jurisprudence, stressing that no individual should suffer an adverse administrative or judicial decision without being given an opportunity to present his case.
The court held that INEC breached Adebutu’s right by removing his name without first hearing from him or allowing him to defend his candidacy.
Quoting the principle of fair hearing, Lifu said, “When a right is vested in a person, such right cannot be taken away without hearing from the person.”
He added, “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 whether INEC had the power to remove a candidate’s name after a political party had forwarded it to the commission, the judge held that the plaintiffs had established that Adebutu was validly nominated by the PDP.
He said his examination of the Supreme Court’s judgment, which INEC apparently relied upon in taking its decision, did not confer on the commission the power to independently remove or disqualify a 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,” Lifu said.
The judge further stated that INEC could not assume the powers of a court by determining the validity or otherwise of a candidate’s nomination.
“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,” he ruled.
According to the judge, even where the commission believes that a candidate’s nomination is defective or that a name was wrongly submitted, it must approach a court of competent jurisdiction rather than take unilateral action.
He stressed that the power to nominate candidates for elections belonged exclusively to political parties, adding that neither INEC nor the courts could assume the responsibility of nominating candidates for a party.
“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,” he said.
“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, the court faulted the timing of INEC’s decision, noting that the commission had not initially raised any objection to Adebutu’s emergence as the PDP governorship candidate.
Justice Lifu observed that the primary election took place on May 24, 2026, and INEC did not immediately challenge the outcome or raise any objection to the candidate’s emergence.
He also noted that no suit had been filed within the stipulated 14-day period to challenge the conduct of the primary election.
The judge questioned why INEC waited several months before taking action against Adebutu’s nomination, describing the commission’s eventual decision as an afterthought.
“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,” he 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.”
He warned that allowing the electoral commission to independently disqualify candidates could create uncertainty in the electoral process and undermine the rights of political parties and their candidates.
“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,” the judge said.
The court consequently resolved the issues in favour of Adebutu and the other plaintiffs, directing INEC to recognise him as the PDP’s governorship candidate and publish his name within 24 hours.
The judgment is expected to have significant implications for the PDP’s preparations for the 2027 Ogun governorship election, particularly as political parties intensify efforts to resolve nomination disputes and finalise their candidates ahead of the polls.
