A Federal High Court in Lagos has ordered the Independent National Electoral Commission (INEC) to replace Ibrahim Lukman with Olumuyiwa Owadara as the Nigeria Democratic Congress (NDC) candidate for Oshodi/Isolo Federal Constituency I in the 2027 general election.
In a judgment delivered on October 20, Justice Akintayo Aluko nullified INEC’s publication of Lukman’s name, ruling that he did not participate in the party’s primary election and that Owadara emerged as the lawful winner.
The court ordered INEC to immediately publish Owadara’s name and particulars. It also awarded ₦1 million in costs against the commission and Lukman.
The judgment relied on INEC’s own monitoring report, which indicated that Owadara scored the highest number of lawful votes cast during the party’s primary on May 29.
The NDC told the court that it conducted no other primary for the constituency and that Lukman did not participate in the exercise.
Despite this, INEC published Lukman’s name on August 1 as the party’s candidate, leaving Owadara off the list.
INEC argued that it had published the names uploaded to its platform by political parties.
However, Justice Aluko rejected the explanation, ruling that it was not supported by credible evidence.
The judge also noted that the NDC denied submitting Lukman’s name and accused the commission of imposing him on the party.
According to the court, INEC had no legal basis to publish Lukman as the candidate because he had not participated in the recognised primary.
Justice Aluko held that the publication violated Sections 29(1), 32(1) and 84(1) of the Electoral Act 2026, which govern candidate nominations and the monitoring of party primaries.
The court also found no credible evidence that the NDC had initiated a lawful candidate substitution under Section 33 of the Act or conducted another primary.
Lukman challenged the court’s jurisdiction, arguing that he was not properly served with the originating summons.
He claimed he was in London when service was attempted and disputed ownership of the WhatsApp number and email address used.
The court dismissed the objection, noting that it had authorised substituted service on August 19 after personal service failed.
Justice Aluko observed that the WhatsApp number used to serve Lukman matched the number he supplied to INEC in his Form EC9, which contained his personal particulars.
The court also considered WhatsApp exchanges between the lawyers representing both sides, which it said showed that the court documents were exchanged on August 27, 28 and 31.
The judge further noted that Lukman filed no counter-affidavit or defence to challenge Owadara’s claims.
In reaching his decision, Justice Aluko relied on the Supreme Court’s ruling in Igboke v. Chukwu (2023), which addressed INEC’s publication of a candidate who had not won the relevant party primary.
Owadara’s legal team was led by Festus Ogun, managing partner of FOLEGAL, alongside Tofunmi Adetunji and Omobola Olayanju.
Ogun said the judgment reaffirmed the judiciary’s role in upholding the law and protecting the rights of candidates who emerge through valid party primaries.
He described the publication of a candidate who did not participate in the recognised primary as an injustice against the winner.
The NDC, through its counsel, Ikechukwu Onodi, argued that INEC lacked the authority to substitute a validly nominated candidate, maintaining that candidate selection remained an internal party matter subject to statutory requirements.
INEC’s counsel, Segun Bello, argued that determining whom a political party sponsors was not the commission’s responsibility and that it was required to remain neutral.
On October 23, FOLEGAL wrote to the INEC chairman, enclosing a certified true copy of the judgment and requesting immediate compliance with the court’s orders.
The ruling directs INEC to recognise Owadara as the NDC candidate for the constituency in the 2027 general election.
