A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) does not possess the authority to disqualify a candidate nominated by a political party for an election. This ruling follows a case brought by Mr. Ladi Adebutu, who challenged his exclusion from the list of candidates for the 2027 governorship election in Ogun State.
Justice Peter Lifu, in his decision, directed INEC to immediately publish Adebutu’s name as the official candidate of the Peoples Democratic Party (PDP). Adebutu argued that his exclusion violated his legal rights and demanded that the court order INEC to include his name in the candidates’ list for the upcoming election.
The judgement highlighted that INEC’s action breached Adebutu’s right to a fair hearing, an essential principle in Nigerian law. Justice Lifu emphasized that a judicial or administrative decision affecting someone must come after due processes are observed, which was not the case here.
The court found that Adebutu was duly nominated by the PDP and that the electoral commission failed to provide valid reasons for his exclusion. In particular, the judge noted that any disqualification power rests solely with a High Court and cannot be executed unilaterally by INEC. Justice Lifu criticized INEC for delaying its intervention, arguing that its failure to act sooner was unjust and contradictory to electoral processes.
Moreover, the court determined that INEC had neglected its duties and acted beyond its powers by not following appropriate procedures to remove candidates from electoral lists. The ruling stated that Adebutu’s participation in the election is legally guaranteed, and if his name is not included, the election results will be deemed invalid.
In response to this ruling, Mr. Abayomi Arabambi, a prominent member of the Labour Party, expressed concerns regarding the implications of the judgement. He contended that the decision raises significant questions about statutory compliance and the interpretation of judicial authority. Arabambi argued that while political parties have autonomy, they must still comply with electoral regulations and laws, including those outlined in the Electoral Act.
Arabambi’s statements suggest that the court’s ruling could undermine INEC’s role as a regulatory body, leading to a potential disregard for established electoral procedures. He has urged higher courts to examine the broader implications of the judgement, particularly concerning the adherence to statutory requirements during the electoral process.
