A Federal High Court sitting in Abuja, on Friday, ruled that the Independent National Electoral Commission (INEC) had no power to disqualify a candidate from contesting an election and ordered the reinstatement of the name of the governorship candidate of the Peoples Democratic Party in Ogun State, Chief Ladi Adebutu, on the Commission’s candidates’ list within 24 hours.
The presiding judge, Justice Peter Lifu, who also held that Adebutu’s right to fair hearing was breached, noted that the power to disqualify a candidate after the name had been forwarded “resides with the Federal High Court or State High Court.”
He declared the exclusion of Adebutu’s name as unlawful, unconstitutional and ultra vires.
He made these pronouncements after he had earlier dismissed INEC’s preliminary objection seeking the dismissal of the suit filed by the PDP.
The judge said: “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,” he said.
He said the court perused the originating summon and considered it competent.
The preliminary objection was, therefore, dismissed.
While reading the substantive suit, the judge said the 2nd plaintiff (Ladi Adebutu), stated that he sought the office of the Governor of Ogun State in 2019 and he was the 2023 governorship candidate.
He added that he participated in the primary for the 2027 poll, and that on August 29, 2026, the party published his name, and there was no challenge.
“That on October, when INEC published the names of candidates, it was discovered that his name was not included, and that he had not withdrawn from the race.
“That on Oct 14 the PDP and National Secretary wrote INEC to reverse this but to no avail.”
The judge said INEC claimed that the Commission was bound to obey the provisions of the Electoral Act, asking the court to dismiss the suit.
The Court declared that by virtue of the Electoral Act, INEC was bound to publish Adebutu’s name.
It ordered INEC to rectify the list published on Oct 10, 2026, to reflect Adebutu’s name.
The court also declared that INEC could not pronounce the result of the 2027 governorship election without the participation of the plaintiffs, or “the election shall be of no effect and unconstitutional.”
