Court Orders INEC to Replace NDC Candidate With Primary Winner

A Federal High Court in Lagos has nullified the publication of Ibrahim Lukman as the Nigeria Democratic Congress (NDC) candidate for Oshodi/Isolo Federal Constituency I and directed the Independent National Electoral Commission (INEC) to recognise Olumuyiwa Owadara, who won the party’s primary election.

Justice Akintayo Aluko delivered the judgment on October 20, ruling that Lukman did not participate in the party’s primary held on May 29, where Owadara emerged victorious.

The court consequently set aside INEC’s publication of Lukman’s name on August 1 and ordered the commission to immediately publish Owadara’s name and particulars as the party’s candidate for the 2027 general election. It also awarded N1 million in costs against INEC and Lukman.

In reaching the decision, the judge relied on INEC’s monitoring report, which indicated that Owadara scored the highest number of lawful votes cast during the primary.

The court also noted that the NDC maintained it had conducted no other primary for the constituency and that Lukman had not participated in the exercise.

Owadara told the court that he had completed the required nomination forms and submitted them to INEC, but the commission subsequently published Lukman’s details instead.

INEC argued that it published the candidates’ names uploaded to its platform by political parties. However, Justice Aluko held that the commission’s explanation was not supported by credible evidence.

The judge ruled that INEC had no lawful basis to publish Lukman as the party’s candidate because he had not participated in the primary election.

He further held that the publication violated Sections 29(1), 32(1) and 84(1) of the Electoral Act 2026, which regulate candidate submissions and the monitoring of party primaries.

The court 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.

Justice Aluko concluded that Owadara had established his case with credible evidence, finding that the primary was conducted in accordance with the party’s constitution, guidelines and the Electoral Act.

The judge relied on the Supreme Court’s decision in Igboke v. Chukwu (2023), which addressed the publication of a candidate who had not won the relevant party primary.

Lukman had challenged the court’s jurisdiction, arguing that he was not properly served with the originating court processes. He claimed to have been in London when service was purportedly effected and disputed the telephone number and email address used.

The court dismissed the objection, noting that substituted service had been authorised after personal service failed. It also found that the WhatsApp number used was the same one Lukman supplied to INEC in his nomination documents.

The judge further observed that Lukman had not filed a counter-affidavit or defence to controvert Owadara’s claims.

Owadara’s legal team, led by Festus Ogun of FOLEGAL, welcomed the judgment, describing it as an affirmation of the judiciary’s role in upholding electoral laws.

On October 23, the legal team wrote to INEC’s national chairman, submitting a certified true copy of the judgment and requesting compliance with the court’s orders.

The ruling places the responsibility on INEC to update its candidate records in line with the judgment ahead of the 2027 general election.