Court Orders Adebutu’s Reinstatement as Ogun PDP Governorship Candidate
The Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to restore Ladi Adebutu as the Peoples Democratic Party (PDP) governorship candidate in Ogun State...
The Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to restore Ladi Adebutu as the Peoples Democratic Party (PDP) governorship candidate in Ogun State for the 2027 election. The ruling brings relief to the party and assures its participation in the polls.
Justice Peter Lifu, who delivered the judgement on Friday, November 13, 2026, held that INEC lacked the constitutional and statutory authority to disqualify a candidate validly nominated by a political party independently.
In its final list of governorship candidates for the February 6, 2027, election, INEC omitted several opposition figures, including Ladi Adebutu. The omissions stirred controversy in political circles and raised questions about whether the electoral body can disqualify candidates who meet constitutional requirements.
The omission of these governorship candidates from the final list for the February 6, 2027 elections followed a September 2026 Supreme Court ruling reinstating strict Electoral Act 2026 provisions requiring parties to use statutory membership registers before holding primaries. The National Assembly enacted the Electoral Act, whose provisions carry constitutional authority.
Not satisfied with the development, Mr Adebutu, whose petition to seek a review of his exclusion from the list of candidates was rejected by INEC, approached the court to determine whether INEC breached Adebutu’s right to a fair hearing, whether the commission possessed the power to unilaterally disqualify him and whether it could remove his name from the list of candidates.
In his argument, Adebutu told the court that he ran in the 2019 Ogun State governorship election and was the PDP’s candidate in 2023, as well as that he participated in the party’s primary election for the 2027 governorship election and was nominated on May 24, 2026, and that the party published his name without objection on August 29.
In the judgement, the court directed the electoral commission to restore Adebutu’s name to the official list of candidates within 24 hours, declaring his earlier exclusion unlawful and unconstitutional, adding that the electoral commission violated Adebutu’s right to fair hearing by removing his name from the candidates’ list without allowing him to defend himself.
The court also maintained that INEC does not have the authority to remove a candidate’s name after being nominated by a political party; the judge stated that the PDP had established that Adebutu was duly nominated and his name forwarded to the commission. Justice Lifu also noted that there was no initial opposition by the electoral commission to Adebutu’s emergence as PDP’s governorship candidate.
The judge explained that judicial or administrative hearings must follow due process. A person must receive a fair hearing before any decision affecting them is made or any right they hold is withdrawn.
“Adebutu was not accorded the right to be heard before INEC took the decision. Therefore, the right to a fair hearing of the plaintiff is breached.”
On whether INEC has the authority to remove a candidate’s name after nomination by a political party, the judge said it has been established that his party nominated and sent his name to the commission, as the commission does not have the right to remove his name, adding that the Supreme Court’s judgement does not support the commission’s actions.
“I have taken a cursory look at the judgement of the Supreme Court. The Supreme Court did not give INEC the power to start omitting or removing names of members from a party,” the judge said.
“INEC does not have the power to remove names or disqualify any candidate 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 commission lacks the power to disqualify any candidate. Even if INEC believes that the name of a candidate was omitted, the commission must approach the court that has the power to remove the name.
“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.”
“All issues, such as nomination issues and publications, are all pre-election matters. Adebutu was declared the winner of the primary election on May 24. INEC did not raise any issue,” Justice Lifu said.
“As far as I know, no person filed any suit to challenge Adebutu 14 days after the conduct of the poll. It was baffling that INEC waited until August.
“This court has established that INEC lacks the power to disqualify any candidate.
“INEC should have approached the court to disqualify the candidate, but it waited until after four months to take the action. This, to me, is an afterthought.
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