By Ado Oyeyemi
A Federal High Court in Lagos has ordered the Independent National Electoral Commission to replace Ibrahim Lukman with Olumuyiwa Owadara as the Nigeria Democratic Congres candidate for Oshodi/Isolo Federal Constituency I in the 2027 general election.
The court, presided over by Justice Akintayo Aluko, nullified INEC’s publication of Lukman’s name, ruling that he did not participate in the party’s primary election held on May 29, which Owadara won.
In the judgment delivered on October 20, the judge directed the electoral commission to immediately publish Owadara’s name and particulars as the party’s candidate. The court also awarded N1m in costs against INEC and Lukman.
The suit followed INEC’s publication of Lukman as the NDC candidate on August 1, despite the commission’s monitoring of the primary election at which Owadara emerged victorious.
Owadara told the court that he had completed his nomination forms and submitted them to INEC, but the commission excluded him from its list and published Lukman’s name instead.
The NDC also maintained that it did not conduct another primary election for the constituency and that Lukman never participated in the exercise.
Justice Aluko held that INEC’s own monitoring report showed that Owadara secured the highest number of lawful votes cast at the primary.
The judge rejected INEC’s argument that it merely published the names uploaded to its platform by political parties, noting that the commission failed to support the claim with credible evidence.
“I am of the view that the evidence of the 1st Defendant that the names it published are the names uploaded on its platform by political parties including the 2nd Defendant is not supported or corroborated by any credible evidence,” the judge held.
The court also noted that the NDC denied submitting Lukman’s name to INEC and accused the commission of imposing him on the party, a decision Justice Aluko said was beyond its lawful powers.
“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,” he ruled.
The judge held that INEC’s action violated Sections 29(1), 32(1) and 84(1) of the Electoral Act 2026, which provide for the submission of candidates emerging from valid party primaries and the commission’s monitoring of such exercises.
He added that there was no credible evidence that the NDC had initiated a lawful process to change its candidate under Section 33 of the Act or conducted another primary election.
Justice Aluko said Owadara had established his case through credible evidence, adding that the primary election was conducted in accordance with the party’s guidelines, constitution and the Electoral Act.
He described INEC’s publication of Lukman’s name as a violation of the party’s rules and the relevant electoral laws.
In reaching his decision, the judge relied on the Supreme Court’s ruling in Igboke v. Chukwu (2023), which set aside INEC’s publication of a candidate who had not won the relevant party primary.
The court also dismissed Lukman’s objection to its jurisdiction. He had sought to have the suit struck out, claiming that he was not properly served with the originating summons because he was in London when service was purportedly effected.
Lukman also denied ownership of the WhatsApp number and email address used to serve the court processes.
However, Justice Aluko noted that the court had authorised substituted service on August 19 after the bailiff failed to serve Lukman personally.
An affidavit by the bailiff stated that the processes were subsequently served through WhatsApp on August 24.
The judge found that the phone number used for the service matched the number Lukman supplied to INEC in his Form EC9, an affidavit of personal particulars sworn to on June 27 and tendered by Owadara.
“There is, however, credible evidence before the court to demonstrate that the 3rd Defendant is not truthful after all,” the judge said.
The court also considered WhatsApp exchanges between the lawyers representing Owadara and Lukman, which showed that court processes were exchanged on August 27, 28 and 31.
Citing the Supreme Court’s decision in Saleh v. Abah, Justice Aluko held that service on a party’s counsel was valid, noting that the lawyer had not denied receiving the processes.
The judge further observed that Lukman failed to file a counter-affidavit or defence to challenge Owadara’s claims.
Owadara’s legal team was led by Festus Ogun, managing partner of FOLEGAL, alongside Tofunmi Adetunji and Omobola Olayanju.
Reacting to the judgment, Ogun told The PUNCH on Tuesday evening that the ruling reaffirmed the judiciary’s responsibility to uphold the law and protect democratic processes.
He said his team had been confident in its argument that INEC could not lawfully publish the name of a candidate who did not participate in the recognised party primary.
“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.
He added, “We are happy the court agreed with us and ordered INEC to substitute the name for our client. This is a victory for democracy.”
The NDC, through its counsel, Ikechukwu Onodi, argued that INEC lacked the power to substitute a validly nominated candidate, maintaining that candidate substitution was an internal party matter governed by statutory requirements.
Onodi also argued that the commission’s role in party primaries was limited to monitoring the exercise and seeking clarification where necessary.
INEC’s counsel, Segun Bello, maintained that determining the candidate sponsored by a political party was not the commission’s responsibility and that the electoral body was required to remain neutral.
Following the judgment, FOLEGAL wrote to the INEC National Chairman on October 23, enclosing a certified true copy of the ruling and requesting immediate compliance with the court’s orders.
“We respectfully anticipate your earnest compliance with the said Orders of the Court,” the letter signed by Ogun stated.
