Nigerian Court Orders INEC to Reinstate Adebutu as Ogun PDP Guber Candidate

A Federal High Court in Abuja has ruled that the Independent National Electoral Commission, INEC, must reinstate Oladipupo Adebutu as the governorship candidate of the Peoples Democratic Party in Ogun State. The court held that INEC's decision to omit Adebutu's name from the final list of candidates was unconstitutional and unlawful. The judge, Justice Peter Lifu, stated that INEC had no constitutional authority to unilaterally remove the name of a candidate validly nominated by a political party.

The case was brought to court by the PDP, which argued that INEC's action violated their right to a fair hearing and breached the provisions of Sections 29 and 32 of the Electoral Act, 2026. The party sought an order setting aside INEC's decision to omit Adebutu's name from the final list of candidates. INEC, however, opposed the suit, arguing that Adebutu's name was not contained in the membership register submitted by the PDP to the commission.

INEC's counter-affidavit, deposed to by Mustapha Mohammed, a Chief Programme Analyst in INEC's Information and Communication Technology Department, stated that the commission's records did not contain Adebutu's name in the register submitted by the party. Mohammed claimed that the only name found in the register was that of the PDP deputy governorship candidate in Ogun State, Kolapo Lateefat Oyeyemi.

However, the PDP National Organising Secretary, Umar Bature, disputed INEC's claims, telling the court that Adebutu's name was included in the flash drive containing the party's list of candidates submitted to INEC. Bature explained that the party submitted a soft copy of its candidates' list through a flash drive, in accordance with the stipulated guidelines. He also drew the court's attention to a discrepancy in the flash drives presented by the parties.

The conflicting testimonies placed the contents of the submitted electronic records and the identity of the flash drives at the centre of the dispute. Justice Lifu had to intervene, stating that INEC had no constitutional authority to unilaterally remove the name of a candidate validly nominated by a political party. The judge described INEC's action as unconstitutional, unlawful and of no effect.

The court's decision has raised questions about INEC's role in the electoral process. If INEC was not an interested party in the matter, why did it fail to inform the party of the missing name of its governorship candidate while that of the deputy governor was on the list? The judgment has also highlighted the need for INEC to be more transparent and fair in its dealings with political parties.

The ruling is a significant development in the lead-up to the 2027 elections in Nigeria. It remains to be seen how INEC will respond to the court's decision and what implications it will have for the electoral process in the country. The PDP has celebrated the court's decision, with some party members expressing relief that Adebutu's candidacy has been restored.

Key points

• The court ruled that INEC's decision to omit Adebutu's name from the final list of candidates was unconstitutional and unlawful.
• INEC had claimed that Adebutu's name was not contained in the membership register submitted by the PDP to the commission.
• The court's decision has raised questions about INEC's role in the electoral process and its relationship with political parties.