The Federal High Court in Lagos has directed the Independent National Electoral Commission (INEC) to recognise Olumuyiwa Owadara as the Nigeria Democratic Congress (NDC) candidate for Oshodi/Isolo Federal Constituency I in the 2027 general election. NigerianNews Updates
The court, presided over by Justice Akintayo Aluko, nullified INEC’s earlier recognition of Ibrahim Lukman and set aside the commission’s August 1 publication of his name as the party’s candidate.
In the judgment , the court also awarded N1 million in costs against INEC and Lukman for publishing the name of a candidate who did not participate in the party’s primary election.
Justice Aluko held that Owadara won the NDC primary conducted on May 29, which INEC monitored, adding that the commission had no lawful basis to recognise Lukman as a candidate.
The judge relied on INEC’s monitoring report, which indicated that Owadara “scored the highest number of lawful votes cast” during the primary.
He noted that the NDC maintained that it conducted no other primary election for the constituency and that Lukman did not participate in the exercise.
Despite this, INEC published Lukman’s name and particulars as the party’s candidate, while Owadara was omitted from the list, although he said he had completed and submitted the required nomination forms.
INEC, in its defence, argued that it published the names uploaded to its platform by political parties, including the NDC.
However, Justice Aluko rejected the argument, saying it was not supported by 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,” he held.
The judge noted that the NDC denied submitting Lukman’s name and accused INEC of imposing him on the party.
He said the commission lacked the authority to recognise a candidate outside the provisions of the law, particularly where the candidate did not participate in any primary election.
“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 said.
He held that the publication violated Sections 29(1), 32(1) and 84(1) of the Electoral Act 2026, which regulate the submission of candidates nominated through party primaries and INEC’s monitoring of such exercises.
The judge also found no credible evidence that the NDC had followed the statutory procedure for changing its candidate under Section 33 of the Act or conducted another primary election.
“There is no credible evidence before the court to suggest that the 2nd Defendant as a political party took steps to change its candidate in line with the provision of section 33 of the Electoral Act or that another primary election was held by the 2nd Defendant,” he said.
He held that Owadara 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.
“It is my humble but firm conviction that the Plaintiff has established by credible evidence that the primary election was conducted in consonance with the Guidelines, Constitution of the 2nd Defendant and the Electoral Act and that the Plaintiff emerged the winner,” he said.
In reaching the decision, the court relied on the Supreme Court judgment 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 challenging its jurisdiction on the grounds that he was not properly served with the originating summons.
Lukman had claimed that he was in London when service was purportedly effected. He also denied ownership of the WhatsApp number and email address allegedly used to serve him.
However, the court noted that it authorised substituted service on August 19 after the bailiff failed to serve him personally. According to the bailiff’s affidavit, the court processes were subsequently served through WhatsApp on August 24.
Justice Aluko found that the telephone number used for the service was the same one 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 to 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 who did not deny receiving the processes was valid.
He further noted that Lukman did not file a counter-affidavit or defence to the originating summons and had therefore failed to controvert Owadara’s claims.
Reacting to the judgment, Owadara’s counsel, Festus Ogun, managing partner of FOLEGAL, said the ruling reaffirmed the judiciary’s role in upholding the rule of law.
He said the legal team was relieved that the court had demonstrated its commitment to dispensing justice without fear or favour.
Ogun described the publication of the name of a candidate who did not participate in the recognised primary as an injustice to the legitimate winner and a stain on the electoral process.
“We are happy the court agreed with us and ordered INEC to substitute the name for our client. This is a victory for democracy,” he said.
The NDC, through its counsel, Ikechukwu Onodi, had argued that INEC lacked the power to substitute a validly nominated candidate, maintaining that candidate substitution was an internal party matter subject to statutory conditions.
Onodi also said the commission’s role in party primaries was limited to monitoring the exercise and seeking clarification where necessary.
INEC’s counsel, Segun Bello, argued that determining the candidate sponsored by a political party was not the commission’s responsibility and that it was required to remain neutral.
In a further development, FOLEGAL, in a letter dated October 23, forwarded a certified true copy of the judgment to the INEC National Chairman and requested 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.
The Senator representing Kaduna South , Sunday Katung, has said President Bola Ahmed Tinubu and Governor Uba Sani have earned the support of Southern Kaduna through visible, life-changing interventions.
Katung, who assessed the impact of the All Progressives Congress-led administrations at the federal and state levels during a radio programme, said President Tinubu rates Kaduna as a strategic state for the actualisation of the Renewed Hope Agenda.
“He is a caring President who knows that Kaduna is like home. As far back as 2007, I led a delegation with my Senator, then Senator Caleb Zagi, to meet him on issues concerning Kaduna, and he accepted,” Katung recalled.
He listed two federal projects– the light rail project and the $29.62 million Ginger Processing Hub in Kachia– as game-changers for the state.
“You can’t go to Kachia today and ask what the President has done. People will tell you their lifestyle has changed. The same will happen in Kafanchan and Manchok. By the time the light rail starts, jobs will be created, and food vendors will sell. Value chains will change,” the federal lawmaker said.
Katung also cited the rising value of land in Kachia as proof of economic revival.
“In November 2023, 15 plots were offered at N300,000 each. By February 2026, the remaining five were selling at N1.1 million per plot. That is what the President’s intervention has brought.”
On Governor Sani, Katung described him as an inclusive leader who has given Southern Kaduna a true sense of belonging after years of exclusion.
“Governor Uba Sani has shown that he is a Governor for all. He has restored peace, brought projects to our zone, and runs an open-door government. For us in Southern Kaduna, this is the first time in a long time that we feel truly part of Kaduna State,” he noted.
The lawmaker dismissed concerns about President Tinubu not touring all states, saying the President has built a strong support system of governors and National Assembly members to take the message to the grassroots.
“Rallies don’t win elections. What wins is the door-to-door approach, sitting with the people, listening to them, and explaining what you intend to do. That is what we did. We held town hall meetings and asked: ‘ What do you want us to do?” he said.
Senator Katung called on the electorate to sustain the current momentum.
“My appeal is that we give President Tinubu and Governor Uba Sani another chance. What is to be achieved is greater than what we are seeing now. When these economic policies mature, Nigerians will appreciate the vision.”
“I support the re-election of President Bola Ahmed Tinubu, the re-election of Governor Uba Sani, and indeed all APC candidates, because I know that is the platform that will give us what we want in Southern Kaduna,” Katung declared.