The Federal High Court in Lagos has ordered the Independent National Electoral Commission (INEC) to recognise Olumuyiwa Owadara as the Nigeria Democratic Congress (NDC) candidate for the Oshodi/Isolo Federal Constituency I seat in the 2027 elections.
In a judgment delivered on October 20, Justice Akintayo Aluko set aside INEC’s August 1 publication of Ibrahim Lukman as the party’s candidate, holding that Lukman did not participate in the NDC primary.
The judge directed the commission to publish Owadara’s name and particulars without delay and awarded ₦1 million in costs against INEC and Lukman.
The court held that INEC acted unlawfully, as its own officials monitored the May 29 primary in which Owadara emerged as the winner.
According to the judgment, the commission’s monitoring report showed that Owadara “scored the highest number of lawful votes cast.”
The NDC also told the court that it held only one primary for the constituency, and that Lukman was not part of it.
INEC defended its action, saying it merely published names parties uploaded to its portal.
Rejecting the argument, Justice Aluko held that the commission’s claim was “not supported or corroborated by any credible evidence.”
He noted that the NDC denied submitting Lukman’s name and accused INEC of foisting him on the party.
“The commission has no lawful basis or justification to publish the name and particulars of the 3rd Defendant as the candidate of the 2nd Defendant for the said election,” the judge ruled.
He described INEC’s action as a “brutal violation” of Sections 29(1), 32(1), and 84(1) of the Electoral Act 2026, adding that no evidence showed the party followed the procedure for substituting candidates under Section 33 or conducted a fresh primary.
The judge relied on the Supreme Court’s decision in Igboke v. Chukwu (2023), which voided the publication of a candidate who did not win a party primary.
Lukman had asked the court to strike out the suit, claiming he was in London at the time and was never served. He also denied owning the phone number and email address used for service.
The court, however, found that the WhatsApp number through which he was served was the same one he listed in his Form EC9 submitted to INEC.
“There is, however, credible evidence before the court to demonstrate that the 3rd Defendant is not truthful after all,” Justice Aluko said.
The judge noted that he had approved substituted service on August 19, that service was effected on August 24, and that Lukman’s lawyers later exchanged court processes with Owadara’s team. He added that Lukman did not file any defence to the suit.
Counsel to Owadara and Managing Partner of FOLEGAL, Festus Ogun, said the ruling showed that the courts remained a reliable source of justice.
“We are most relieved that the court has demonstrated once again that it remains an impartial institution of trust which dispenses justice without fear or favour,” he told Punch.
He described Lukman’s listing as an injustice to the rightful winner.
“The last-minute announcement of an individual who never participated in the recognised primary election as a candidate is a stain on the process and institutions manning the election and a grave injustice against the legitimate winner, which should not be allowed to stand,” Ogun said, adding, “This is a victory for democracy.”
At the trial, the NDC’s counsel, Ikechukwu Onodi, argued that INEC lacked the power to substitute a validly nominated candidate, while INEC’s lawyer, Segun Bello, said the commission had no role in deciding which candidate a party sponsors.
FOLEGAL has since written to the INEC Chairman on October 23, forwarding a certified true copy of the judgment and requesting compliance with the court’s orders.
