Court Orders INEC to Publish Adebutu's Name for Ogun 2027 Election

The Federal High Court has ruled that the Independent National Electoral Commission (INEC) has no power to unilaterally disqualify a candidate from contesting an election. The court ordered INEC to publish the name of Ladi Adebutu, the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, within 24 hours. Justice Peter Lifu stated that Adebutu's right to fair hearing was breached and the exclusion of his name was unlawful and unconstitutional.

The court dismissed INEC's preliminary objection seeking the dismissal of the suit filed by the PDP. Justice Lifu noted that the originating summons was competent and bore the name of a senior counsel. The judge perused the summons and considered it valid. The PDP had filed the suit against INEC's decision to exclude Adebutu's name from the list of candidates for the 2027 election.

According to the court, Adebutu was duly nominated by the PDP and his name was forwarded to INEC. The judge cited a Supreme Court judgment, stating that INEC does not have the power to remove names or disqualify candidates on its own. The power to disqualify a candidate after the name has been forwarded resides with the Federal High Court or State High Court.

The court heard that Adebutu participated in the primary election for the 2027 poll on May 24, where he was nominated as the PDP candidate. INEC had a duty to monitor the election to ensure compliance with the law. The facts showed that the primary election was not defective and Adebutu was validly nominated.

The judge noted that INEC waited until August to take action, four months after the primary election. The court described this as an afterthought and ruled that INEC should have approached the court to disqualify Adebutu instead of taking unilateral action. This, the judge said, would prevent absurd situations where INEC disqualifies a candidate a day before an election.

The court also considered testimonies from witnesses, including Bature, the National Organising Secretary of the PDP, and Mustapha, a programme analyst at INEC. Bature argued that Adebutu's membership of the PDP had never been in doubt and that his name was submitted to INEC within the prescribed time.

The ruling has implications for the 2027 election in Ogun State, as INEC must now publish Adebutu's name within 24 hours. The court has established that INEC lacks the power to disqualify candidates unilaterally, and any such actions must be taken through the courts.

Key points

• INEC has no power to unilaterally disqualify a candidate from contesting an election.
• The court ordered INEC to publish Adebutu's name within 24 hours.
• Adebutu's right to fair hearing was breached by INEC's actions.