The race for the 2027 Ogun State governorship election has recorded a significant legal development following a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to restore Ladi Adebutu‘s name to the list of candidates contesting the election.
The court, sitting in Abuja, ordered the electoral commission to include Adebutu, who emerged from the Peoples Democratic Party (PDP) governorship primary, in its final list within 24 hours.
Delivering judgment on Friday, Justice Peter Lifu held that INEC acted beyond its constitutional and statutory responsibilities when it excluded the former governorship candidate without giving him an opportunity to address the concerns surrounding his eligibility.
The judge maintained that the electoral commission could not assume the authority to disqualify a candidate independently after a political party had completed its nomination process and submitted the individual’s name for an election.
He consequently declared Adebutu’s removal from the list unlawful, unconstitutional and legally ineffective.
Justice Lifu explained that the power to determine whether a duly nominated candidate should be disqualified rests with the Federal High Court or a State High Court, depending on the circumstances of the case.
The judgment came after Adebutu and the PDP approached the court to challenge his exclusion from INEC’s final list of governorship candidates released on October 10, 2026.
PDP challenges candidate’s exclusion
In explaining the circumstances surrounding the dispute, Adebutu told the court that his political involvement in Ogun’s governorship elections was not new, having represented the PDP in the 2019 and 2023 contests.
He further stated that he participated in the party’s governorship primary for the 2027 election, which took place on May 24, 2026, and emerged as its flagbearer.
According to him, the party subsequently published his name on August 29, 2026, as its candidate without any objection being raised against his nomination at that stage.
The former candidate said he was therefore surprised when INEC published its final list in October without his name.
Following the development, the PDP and its National Secretary reportedly wrote to the commission on October 14, demanding an explanation and requesting that the omission be corrected.
However, the plaintiffs told the court that their correspondence did not produce the desired response, leaving them with no option but to seek judicial intervention.
Before addressing the main questions raised in the suit, Justice Lifu also rejected INEC’s preliminary objection challenging the competence of the case.
The commission had questioned the validity of the originating summons, but the judge ruled that the process was properly signed by a senior counsel and contained the names of other lawyers in his chambers.
He consequently held that the suit was competent and proceeded to examine the substantive arguments presented by the parties.
Conflicting testimonies over PDP membership
One of the major issues considered during the proceedings was whether Adebutu was genuinely registered as a member of the PDP and whether his name appeared in the membership records submitted to INEC.
The party’s National Organising Secretary, Umar Bature, who testified as the first witness for the plaintiffs, confirmed that Adebutu was a registered member.
Bature explained that the PDP forwarded its membership register to INEC on April 22, 2026, through a flash drive containing information on more than 30,000 members.
He maintained that Adebutu’s details were included in the records, adding that the former governorship candidate was the first person to register with the party on February 24, 2026.
The witness also told the court that Adebutu’s membership had never been challenged by anyone.
INEC, however, disputed this position through its own witness, Mustapha Mohammed, a programme analyst with the commission.
Mohammed informed the court that a search conducted during preparations for the publication of the final candidates’ list did not reveal Adebutu’s name in the PDP membership register examined by the commission.
He nevertheless confirmed that the name of Adebutu’s running mate was available in the records.
During cross-examination, the INEC official admitted that he was not the officer who personally received the flash drive from the PDP.
He also acknowledged that he could not independently establish the exact contents of the storage device submitted by the political party.
After considering the testimonies, Justice Lifu concluded that INEC had not provided sufficient evidence to establish that Adebutu’s name was missing from the membership register submitted by the PDP.
Judge questions INEC’s handling of the matter
The court also expressed concern over the commission’s failure to challenge the conduct of the PDP primary election within the period provided by law.
Justice Lifu observed that there was no evidence that any individual had instituted a legal action against Adebutu’s emergence within 14 days after the May 24 primary.
He questioned why INEC waited until August before raising concerns about the candidate’s nomination, despite the existence of a legally prescribed period for challenging the process.
The judge warned that permitting the electoral commission to exercise powers beyond its legal responsibilities could undermine the integrity of the country’s electoral system.
He cautioned that such an interpretation could create a situation where INEC might independently remove a candidate shortly before an election, leaving the affected individual with little opportunity to defend their rights.
According to him, allowing such a practice would create an unacceptable precedent.
Justice Lifu stressed that political parties have the exclusive responsibility to nominate candidates who will represent them in elections.
He added that where the electoral commission identifies a possible eligibility problem involving a nominated candidate, it should approach a competent court rather than take unilateral action.
The judge further emphasised that INEC’s administrative responsibilities did not give it unrestricted authority to determine the disqualification of candidates already nominated by political parties.
INEC ordered to correct final candidates’ list
In the operative part of the judgment, the court directed INEC to amend its October 10 final list and restore Adebutu’s name as the PDP governorship candidate for Ogun State.
The commission was specifically instructed to carry out the correction within 24 hours.
Justice Lifu also ruled that INEC could not validly announce the outcome of the 2027 Ogun governorship election without the participation of the plaintiffs.
He warned that excluding the PDP and its candidate from the electoral process despite the court’s decision would have serious constitutional consequences.
The judge maintained that an election conducted in disregard of the plaintiffs’ right to participate would be unconstitutional and without legal effect.
The ruling places renewed attention on the legal boundaries governing INEC’s responsibilities and the authority of political parties to select candidates ahead of elections.
It also reinforces the importance of fair hearing and judicial oversight in resolving disputes involving the eligibility and nomination of candidates for public office.
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