The Federal High Court sitting in Abuja on Friday ordered the Independent National Electoral Commission, INEC, to within 24 hours, publish the name of Honourable Oladipupo Adebutu as the authentic candidate of the Peoples Democratic Party, PDP, for the 2027 governorship election in Ogun State, in a landmark judgment that has put paid to the controversy surrounding the party’s ticket.

Delivering judgment in the suit filed by Adebutu against INEC and others, Justice Peter Lifu held that INEC has no powers, authority or legal right to unilaterally remove, delete or refuse to publish the name of a validly nominated candidate by a political party, especially when such candidate has emerged through a constitutionally recognized and monitored primary election.

Justice Lifu, who is one of the senior judges of the Federal High Court, Abuja Division, said the action of INEC in refusing to publish Adebutu’s name as the PDP governorship candidate for Ogun State was illegal, unlawful, unconstitutional and amounts to an affront to the rule of law, internal democracy and the Electoral Act 2022 as amended.

The court held that having monitored the PDP governorship primary election in Ogun State and having received the report of its monitoring team, INEC cannot turn around to claim that it is not satisfied with the process or to unilaterally delist a candidate validly nominated by the party without any court order nullifying the primary election that produced him.

According to the judgment, political parties are constitutionally empowered to nominate their candidates for elections, while INEC’s role is primarily supervisory, regulatory and administrative, and does not extend to handpicking candidates for political parties or disqualifying candidates who have been validly nominated by their parties through democratic processes.

Justice Lifu said the evidence before the court showed that Honourable Oladipupo Adebutu duly participated in the PDP governorship primary election held in Abeokuta, the Ogun State capital, scored the highest number of votes cast, was declared winner by the electoral committee and his name was subsequently forwarded to INEC as the party’s candidate in line with the provisions of the Electoral Act.

He noted that INEC had initially received and acknowledged receipt of Adebutu’s name as the PDP candidate but later refused to publish it in the list of candidates for the 2027 governorship election in Ogun State, without any cogent reason, court order or justification, thereby creating confusion, anxiety and uncertainty in the Ogun State chapter of the PDP.

The court said INEC’s action was tantamount to playing the role of a court, as it has no powers to annul, nullify or invalidate a primary election conducted by a political party, stressing that only a court of competent jurisdiction can nullify a primary election and order a fresh one if it finds irregularities, fraud or non-compliance with the party’s constitution and electoral guidelines.

Justice Lifu therefore ordered INEC to immediately, and within 24 hours from the time of delivery of the judgment, publish the name of Oladipupo Adebutu as the validly nominated governorship candidate of the PDP for the 2027 Ogun State governorship election and accord him all rights, privileges and recognition as such candidate for the purpose of the election.

The court also granted an order of perpetual injunction restraining INEC, its agents, servants, privies, officers and officials from removing, deleting, withholding or refusing to publish Adebutu’s name as PDP candidate for the 2027 Ogun governorship election, or from recognizing any other person as PDP candidate for the election except Adebutu.

In addition, the court awarded cost against INEC for its unlawful action and for causing unnecessary litigation, stressing that public institutions must act within the ambit of the law and must not use their powers to frustrate, sabotage or undermine democracy and the democratic rights of political parties and their candidates to participate in elections.

Reacting to the judgment, counsel to Honourable Adebutu, who described the judgment as sound, well-reasoned and a victory for democracy, said the court has once again demonstrated that it is the last hope of the common man and has reaffirmed the supremacy of the rule of law and internal democracy in the political process of the country.

He said his client, Honourable Adebutu, is a well-known politician, businessman and philanthropist in Ogun State who has contributed immensely to the development of the state and the PDP, and that his emergence as PDP governorship candidate was a reflection of the wishes of the majority of PDP members and stakeholders in Ogun State.

The lawyer added that with the court judgment, Adebutu can now focus on his campaign, consultations and preparations for the 2027 governorship election, with a view to winning the election and providing purposeful, people-oriented and development-driven leadership for the people of Ogun State who are yearning for good governance, infrastructure and economic prosperity.

On its part, INEC is yet to issue an official statement on the judgment, but sources within the Commission said the legal department of the Commission is studying the judgment and will advise the leadership on the next line of action, which may include immediate compliance with the court order or filing an appeal if there are grounds to do so.

However, legal experts and political analysts who reacted to the judgment said INEC has no option than to comply with the court order, as it is a direct, positive and mandatory order that must be obeyed within 24 hours, noting that failure to obey a court order is contemptuous, punishable and capable of undermining the authority, integrity and sanctity of the judiciary.

They noted that the Federal High Court judgment is in line with several decisions of the Court of Appeal and the Supreme Court which have repeatedly held that INEC cannot disqualify candidates validly nominated by political parties, as its role is limited to monitoring primaries, receiving names of candidates and conducting elections in accordance with the law.

Honourable Oladipupo Adebutu, who was the PDP governorship candidate in the 2023 governorship election in Ogun State, is a former member of the House of Representatives and son of late business mogul and philanthropist, Chief Kesington Adebutu, popularly known as Baba Ijebu, who is one of the most influential figures in Ogun State politics and business.

In the 2023 governorship election, Adebutu lost narrowly to incumbent Governor Dapo Abiodun of the All Progressives Congress, APC, in an election that was keenly contested, highly controversial and litigated up to the Supreme Court, with Adebutu and the PDP alleging irregularities, vote-buying and non-compliance with the Electoral Act.

With the 2027 governorship election drawing nearer, political activities have intensified in Ogun State, with several aspirants from different political parties indicating interest to contest the governorship seat, but the PDP appears to have settled for Adebutu as its candidate following his popularity, acceptability and performance in the last election.

Supporters and loyalists of Adebutu in Abeokuta, Ijebu-Ode, Sagamu, Ota and other parts of Ogun State have been celebrating the court judgment, describing it as a victory for justice, democracy and the rule of law, and as a confirmation that Adebutu is the authentic, legitimate and popular candidate of the PDP for the 2027 governorship election.

They expressed optimism that with the court judgment, the PDP is now well-positioned, united and ready to wrest power from the APC in 2027, noting that Adebutu has the capacity, experience, resources and goodwill to win the election and transform Ogun State into a model state in terms of infrastructure, industrialization, job creation and social welfare.

Meanwhile, stakeholders in the Ogun State PDP have called on all aggrieved members, aspirants and factions within the party to sheath their swords, embrace peace, unity and reconciliation, and rally round Adebutu as the party’s governorship candidate, in order to present a united front and ensure victory for the party in the 2027 governorship election.

As at the time of filing this report, preparations were in top gear at the Ogun State PDP Secretariat in Abeokuta for a grand reception and victory celebration for Honourable Oladipupo Adebutu, who is expected to address party faithful, supporters and the media on his plans, programmes and vision for Ogun State if elected governor in the 2027 general elections.