The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to recognise Oladipupo Adebutu as the Peoples Democratic Party (PDP) governorship candidate for the 2027 election in Ogun State.
In a judgment delivered on Friday, November 13, 2026, Justice Peter Lifu directed INEC to publish Adebutu’s name as the party’s duly nominated candidate within 24 hours.
The judge ruled that the electoral commission lacked the authority to unilaterally remove the name of a candidate validly nominated by a political party, describing its action as unconstitutional, unlawful and without legal effect.
Lifu maintained that only a court of law could declare a candidate’s nomination invalid, stressing that INEC could not independently disqualify a candidate whose name had been submitted by a political party.
Adebutu and his running mate were absent from the list of candidates published on INEC’s website in October, prompting the politician to vow to challenge the omission.
On October 29, 2026, the commission rejected Adebutu’s petition over the exclusion.
Court cites breach of fair hearing
Addressing the issue of fair hearing, Justice Lifu described the right as a fundamental principle of Nigeria’s legal system.
He held that anyone affected by a decision must be given an opportunity to present their case before such a decision is taken.
According to the judge, INEC violated Adebutu’s right to fair hearing by removing his name without allowing him to defend his candidacy.
“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,” Lifu ruled.
INEC lacks power to disqualify candidates, judge says
On the question of whether INEC had the authority to remove a candidate’s name after a political party had completed its nomination process, the judge said the plaintiffs had established that Adebutu was duly nominated and his name forwarded to the commission.
Lifu also said his review of the Supreme Court’s judgment did not support INEC’s decision to exclude the PDP candidate.
“The Supreme Court did not give INEC the power to start omitting or removing names of members from a party,” he said.
The judge further held that INEC could not independently disqualify a candidate, adding that the commission must approach a court if it believes a candidate’s nomination should be invalidated.
“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.
“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,” he stated.
Judge questions timing of INEC’s action
On the third issue, Lifu noted that INEC had not initially challenged Adebutu’s emergence as the PDP governorship candidate.
He recalled that Adebutu was declared winner of the party’s primary election on May 24, adding that no challenge to his nomination was filed within the period provided by law.
The judge questioned why INEC waited until August before taking action against the candidate, describing the move as an afterthought.
He warned that allowing the commission to exercise such powers independently could create a situation where candidates might be disqualified shortly before an election.
“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,” he said.
Lifu consequently resolved the issues in favour of the plaintiffs and ordered INEC to recognise Adebutu as the PDP’s governorship candidate for the 2027 Ogun State election.
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