Court Orders INEC To Reinstate Adebutu

A Federal High Court judgment ordering the Independent National Electoral Commission (INEC) to restore Ladi Adebutu’s name to the list of candidates for the 2027 Ogun State governorship election has raised fresh questions about the limits of the electoral body’s authority over political party nominations.

In a judgment delivered on Friday, November 13, 2026, Justice Peter Lifu directed INEC to restore Adebutu’s name to its list within 24 hours, declaring the commission’s decision to exclude him unlawful, unconstitutional and without legal effect.

The ruling followed a suit filed by Adebutu and the PDP after the commission omitted his name from the final list of governorship candidates published on October 10.

At the centre of the dispute was whether INEC had the authority to remove a candidate nominated by a political party on the grounds that his name was allegedly missing from the party’s membership register.

INEC had defended its decision, arguing that a search of the membership register submitted by the PDP did not produce Adebutu’s name. The commission said it found the name of his running mate, Kolapo Lateefat Oyeyemi, but could not identify Adebutu or a matching personal record.

The commission also questioned the documents presented by the PDP, maintaining that its examination of the records submitted before the publication of the candidates’ list justified the omission.

The PDP, however, disputed INEC’s account. The party’s National Organising Secretary, Umar Bature, told the court that Adebutu was a registered member and that his name appeared in the membership register submitted to the electoral body through a flash drive on April 22, 2026.

Bature said the register contained more than 30,000 names and maintained that Adebutu had registered as a party member on February 24, 2026.

Adebutu also told the court that he participated in the party’s governorship primary held on May 24, 2026, and was nominated as its candidate. He said the PDP had published his name on August 29 without objection before INEC later excluded him from the final list.

Justice Lifu noted that INEC’s witness, Mustapha Mohammed, a programme analyst with the commission, admitted during cross-examination that he was not the official who received the flash drive from the PDP and could not confirm its exact contents.

The judge consequently held that the commission failed to establish that Adebutu’s name was absent from the membership register submitted by the party.

He also faulted INEC for failing to challenge the conduct of the May 24 primary within the legally prescribed period, questioning why the commission waited until August before raising concerns about the nomination.

In rejecting INEC’s position, the court held that the power to nominate candidates for elections belonged to political parties, while the authority to disqualify a candidate whose name had been submitted rested with the courts.

The judge further ruled that removing Adebutu without giving him an opportunity to respond violated his right to fair hearing.

Before reaching its decision on the substantive issues, the court had dismissed INEC’s preliminary objection challenging the competence of the suit, holding that the originating summons was properly signed and filed.

The court also warned that the 2027 Ogun governorship election could not validly be concluded without the participation of the plaintiffs, stating that an election conducted in such circumstances would be unconstitutional and of no effect.

The judgment gives the PDP a significant legal reprieve in its preparations for the Ogun governorship election, scheduled for February 6, 2027, while placing renewed attention on the boundaries of INEC’s regulatory powers.

For the electoral commission, the decision underscores the need to follow due process when examining candidates submitted by political parties and to seek judicial intervention where it believes a nomination is invalid.

For Adebutu, the immediate task is to have his name restored in compliance with the court’s order as the political contest in Ogun State moves towards the 2027 election.