The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to restore the name of Ladi Adebutu to the list of candidates for the 2027 Ogun State governorship election as the flagbearer of the Peoples Democratic Party (PDP).
Justice Peter Lifu, in his judgment, directed the electoral commission to correct its candidates' list published on October 10, 2026, and include Adebutu's name within 24 hours.
The court held that INEC lacked the legal authority to independently disqualify a candidate validly nominated by a political party, insisting that such a decision could only be taken by a competent court.
Justice Lifu also ruled that the commission violated Adebutu's fundamental right to fair hearing by excluding his name without giving him an opportunity to respond to the circumstances surrounding his nomination.
Describing INEC's action as unlawful, unconstitutional and of no effect, the judge stressed that the power to nominate candidates for elections rested exclusively with political parties.
The judgment followed a suit filed by the PDP and Adebutu challenging INEC's decision to omit the former governorship candidate's name from the list of contenders for the 2027 election.
Before determining the substantive suit, Justice Lifu dismissed INEC's preliminary objection seeking to terminate the case, holding that the originating summons filed by the plaintiffs was competent.
During the proceedings, the court heard that Adebutu participated in the PDP governorship primary election conducted on May 24, 2026, and emerged as the party's candidate.
The plaintiffs maintained that the party had published his name on August 29, 2026, without any legal challenge to his nomination.
However, following INEC's publication of the candidates' list on October 10, the party discovered that Adebutu's name had been excluded, prompting its leadership to write to the commission on October 14 to demand a correction.
Testifying for the plaintiffs, the PDP National Organising Secretary, Umar Bature, told the court that the party submitted its membership register to INEC on April 22, 2026, in both hard copy and electronic format.
He said the register contained more than 30,000 members, including Adebutu, whose membership registration was completed on February 24, 2026.
Bature further disputed the flash drive presented by INEC, insisting that it was not the same device submitted by the PDP and that the party's records contained Adebutu's name.
However, INEC's witness, Mustapha Mohammed, a programme analyst with the commission, told the court that the commission discovered during its verification exercise that Adebutu's name was missing from the list, although the name of his deputy appeared.
Under cross-examination, Mohammed admitted that he was not the officer who received the flash drive from the PDP and could not personally confirm the contents of the device submitted by the party.
In his ruling, Justice Lifu held that the right to fair hearing was a fundamental constitutional principle that must be respected before any decision capable of affecting an individual's rights could be taken.
He faulted INEC for excluding Adebutu without first giving him an opportunity to defend his nomination, declaring that the commission could not lawfully withdraw a candidate's right through an administrative decision.
On the question of nomination and disqualification, the judge explained that while political parties had the exclusive authority to nominate their candidates, INEC's responsibility was to monitor the process and ensure compliance with electoral laws.
He maintained that where the commission had concerns about the validity of a candidate's nomination, it ought to approach the appropriate court rather than take unilateral action.
The judge also questioned why INEC waited several months before excluding Adebutu, noting that no legal challenge to his nomination was brought within the stipulated period after the primary election.
Justice Lifu warned that permitting INEC to independently disqualify candidates could create a dangerous precedent where a candidate might be removed from an election shortly before voting without judicial intervention.
He further observed that INEC failed to produce convincing evidence to contradict the testimony of the PDP's organising secretary, particularly regarding the membership register and the submission of the flash drive.
Consequently, the court resolved all the issues in favour of the plaintiffs, declaring that INEC acted beyond its legal powers.
Justice Lifu ordered the commission to reinstate Adebutu's name within 24 hours and ensure that the official candidates' list reflects his nomination as the PDP governorship candidate in Ogun State.
The court also declared that INEC could not validly announce the result of the 2027 Ogun State governorship election without the participation of the plaintiffs, warning that any election conducted contrary to the order would be unconstitutional and of no effect.









