The Federal High Court in Abuja has ruled that the Independent National Electoral Commission has no power to unilaterally disqualify a candidate validly nominated by a political party, ordering the Commission to restore the name of the Peoples Democratic Party governorship candidate in Ogun State, Ladi Adebutu, to its list of candidates for the 2027 election within 24 hours.
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Justice Peter Lifu, who delivered the judgment on Friday, held that the power to disqualify a candidate after his name had been forwarded to INEC resides with the Federal High Court or a State High Court.
The court further held that Adebutu’s right to fair hearing was breached when INEC excluded his name without giving him an opportunity to be heard.
Justice Lifu consequently declared the exclusion of Adebutu’s name unlawful, unconstitutional and of no effect.
The judge held that if INEC believed Adebutu was not qualified to contest the election, the Commission ought to have approached a competent court rather than remove his name on its own.
The court also declared that, by virtue of the Electoral Act, INEC was bound to publish Adebutu’s name and ordered the Commission to rectify the candidates’ list published on October 10, 2026, to reflect his candidacy.
Justice Lifu further ruled that INEC could not declare the result of the 2027 Ogun State governorship election without the participation of the plaintiffs, otherwise the election would be of no effect and unconstitutional.
Before determining the substantive suit, the court dismissed a preliminary objection filed by INEC challenging the competence of the action.
Justice Lifu said he had examined the originating summons and found that it bore the name and signature of the senior counsel who filed it, alongside the names of other lawyers in the law firm.
“I have carefully assessed the originating summons and I see that it bears the name of the senior counsel and was signed by him. It also has the names of other counsels in the law firm,” the judge said.
The court therefore held that the originating summons was competent and dismissed INEC’s preliminary objection.
In reviewing the substantive case, Justice Lifu noted Adebutu’s position that he had previously sought the office of Governor of Ogun State in 2019 and was the PDP governorship candidate in 2023.
The court also noted that Adebutu participated in the PDP primary for the 2027 election and that his name was published by the party on August 29, 2026, without any challenge.
According to the case presented to the court, Adebutu later discovered when INEC published the candidates’ list in October that his name had been omitted, despite the fact that he had not withdrawn from the race.
The PDP and its National Secretary subsequently wrote to INEC on October 14 asking the Commission to reverse the decision, but the request was not granted.
INEC had argued that it was bound to comply with the Electoral Act and asked the court to dismiss the suit.
The Commission also relied on evidence that Adebutu’s name was missing from the PDP membership register.
Justice Lifu, however, faulted that evidence, noting that INEC’s witness, Mustapha Mohammed, admitted during cross-examination that he was not the official who received the flash drive containing the party’s membership register.
The court consequently ordered INEC to reinstate Adebutu as the PDP governorship candidate in Ogun State and amend its October 10, 2026 candidates’ list to include his name within 24 hours.
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