Ladi Adebutu, the Peoples Democratic Party governorship candidate in Ogun State, has secured a major legal victory as the Federal High Court ruled that the Independent National Electoral Commission has no power to unilaterally disqualify a candidate. Presiding Justice Peter Lifu ordered the electoral body to reinstate Adebutu’s name on the official candidates’ list within 24 hours.
The court held that Adebutu’s right to a fair hearing was breached during the omission process. Justice Lifu emphasised that the legal authority to disqualify a candidate after their name has been formally forwarded resides exclusively with the Federal High Court or a State High Court. Consequently, the exclusion of Adebutu’s name was declared unlawful, unconstitutional, and of no effect.
Legal validity of party submission
Before delivering the substantive judgment, Justice Lifu dismissed the electoral commission’s preliminary objection seeking to throw out the suit filed by the opposition party. The judge scrutinised the originating summons, confirming it bore the senior counsel’s signature and the names of other lawyers in the firm, thereby establishing its legal competence.
Testimony during the proceedings highlighted the procedural background of the nomination. Bature, the national organising secretary of the party, testified as the first plaintiff witness. He stated that the membership register, containing Adebutu’s name, was submitted to the electoral body within the statutory deadline via a flash drive.
Commission testimony and cross-examination
Mustapha, a programme analyst testifying as the first defendant witness for the electoral commission, acknowledged that the party submitted both hard copies and digital files of its membership list. However, under cross-examination, the witness admitted he was not the recipient of the flash drive and could not verify its exact contents.
Justice Lifu noted that the electoral commission failed to challenge the plaintiff’s primary evidence regarding the submission of the correct digital register. Citing established legal principles, the judge ruled that failing to call a vital witness proved fatal to the defence’s case, rendering their counter-claims unreliable.
Pre-election matters and final orders
The court affirmed that all nomination and publication disputes constitute pre-election matters. Justice Lifu observed that Adebutu emerged victorious in the primary election held on May 24, and no legal challenge was filed within the statutory 14-day window following the poll.
Concluding the judgment, the court ordered the electoral commission to rectify the candidate list published on 10 October 2026, to include Adebutu. Furthermore, the judge declared that the electoral commission cannot announce the results of the 2027 governorship election without the participation of the plaintiffs, warning that any poll conducted otherwise would be unconstitutional and void.
Related News
Source: