A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to publish Oladipupo Adebutu as the Peoples Democratic Party (PDP) candidate for the 2027 Ogun State governorship election.

The court directed the electoral commission to carry out the order within 24 hours, ruling that INEC acted outside its legal powers when it removed Adebutu’s name from the list of candidates for the election.

Justice Peter Lifu, who delivered the judgment on Friday, held that the commission lacked the authority to independently disqualify a candidate who had been validly nominated by a political party.

The judge described INEC’s decision as unconstitutional, unlawful and without legal effect.

He maintained that the commission could not assume the powers of a court by determining the validity of a candidate’s nomination and subsequently removing the person’s name without following due judicial process.

Justice Lifu further explained that only the Federal High Court or a state High Court could make a determination on the validity of a candidate where such a dispute was brought before it.

The judge also ruled that Adebutu’s right to fair hearing had been violated by the commission’s decision.

In the judgment, the court rejected a preliminary objection filed by INEC challenging the competence of the suit.

Justice Lifu held that the case was properly brought before the court and could therefore be determined on its merits.

The ruling followed a legal action instituted by the PDP and Adebutu after the electoral commission excluded the former governorship candidate’s name from its final list of contestants for the 2027 Ogun governorship election.

The plaintiffs had approached the court on October 22, asking it to intervene in the dispute and reverse INEC’s decision.

They listed INEC as the sole defendant in the case, which was filed through their lawyer, Ahmed Raji, SAN.

In their suit, the PDP and Adebutu challenged the commission’s decision to omit, remove or refuse to publish his name as the party’s governorship candidate.

They argued that the action violated their rights and breached relevant provisions of the Electoral Act, 2026, particularly Sections 29 and 32.

The plaintiffs asked the court to determine six questions relating to the commission’s authority, the legality of its decision and whether the removal of Adebutu’s name without granting him a fair hearing was lawful.

They also requested 11 reliefs, including an order setting aside INEC’s decision and compelling the commission to recognise Adebutu as the PDP candidate for the forthcoming election.

One of their major requests was an order directing INEC to restore his name to the list of candidates within 24 hours of the court’s decision.

The plaintiffs specifically asked the court to compel the commission to publish Adebutu’s name as the party’s governorship candidate.

They stated in their prayers that the court should order:

“the defendant to, within twenty-four (24) hours of the order/orders of this honourable court, include and/or publish the name of the 2nd plaintiff as the 1st plaintiff’s governorship candidate for Ogun State in the forthcoming 2027 General Election,”

The court has now granted the central request by directing INEC to publish Adebutu’s name within the stipulated period.

The judgment represents a major development in the PDP’s preparations for the 2027 governorship election in Ogun State, particularly regarding the party’s choice of candidate.

It also places an obligation on INEC to comply with the court’s directive by updating its published list to reflect the decision.

However, disagreements sometimes arise when the commission questions the nomination process or excludes a name from its final list.

Such disputes can subsequently become matters for judicial determination.

In Adebutu’s case, the central issue before the court was whether INEC could independently remove the name of a party’s nominated candidate without a court order and whether the action complied with the constitutional requirement for fair hearing.

Justice Lifu’s ruling addressed the issue by holding that the commission could not unilaterally exercise powers reserved for the courts in determining the validity of a candidate’s nomination.

The judgment also dismissed INEC’s preliminary objection, allowing the plaintiffs’ case to succeed.