By By Elizabeth Ugbo
A 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 Oshodi/Isolo Federal Constituency I in the 2027 general election. Justice Akintayo Aluko delivered the judgment on October 20, 2026, after finding that Ibrahim Lukman did not participate in the party’s recognised primary election held on May 29. The court nullified INEC’s earlier publication of Lukman’s name and awarded ₦1 million in costs against the commission and Lukman.
Court Nullifies INEC’s Publication of Lukman
Justice Aluko set aside INEC’s August 1 publication of Lukman as the NDC candidate for the constituency. Instead, he ordered the commission to immediately publish Owadara’s name and particulars.
The judge ruled that INEC had no lawful basis to recognise Lukman because he did not participate in the party’s primary election.
Furthermore, the court found that INEC’s decision violated Sections 29(1), 32(1) and 84(1) of the Electoral Act 2026.
These provisions govern candidate nominations and the commission’s role in monitoring political party primaries.
INEC’s Monitoring Report Supported Owadara
The court relied on INEC’s own monitoring report, which showed that Owadara scored the highest number of lawful votes during the May 29 primary.
The NDC also told the court that it conducted no other primary for the constituency. According to the party, Lukman did not participate in the recognised exercise.
Despite these findings, INEC published Lukman’s name and particulars as the party’s candidate. Consequently, Owadara challenged the decision, arguing that he had completed his nomination forms for submission to the commission.
Justice Aluko held that the evidence established Owadara’s victory in accordance with the party’s guidelines, constitution and the Electoral Act.
“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,” the judge held.
Court Rejects INEC’s Defence
During the proceedings, INEC argued that it published the names political parties uploaded to its platform.
However, Justice Aluko rejected the explanation, stating that credible evidence did not support the commission’s claim.
The NDC also denied submitting Lukman’s name and accused INEC of imposing him on the party.
The court maintained that the commission lacked the authority to select a candidate outside the party’s lawful nomination process.
Justice Aluko also relied on the Supreme Court’s decision in Igboke v. Chukwu (2023). That ruling set aside INEC’s publication of a candidate who had not won the relevant party primary.
Judge Dismisses Lukman’s Objection to Service
Lukman challenged the court’s jurisdiction, arguing that he had not received the originating summons properly.
He claimed he was in London when the court processes were allegedly served. He also denied ownership of the WhatsApp number and email address used for service.
However, the court dismissed his objection after reviewing the evidence.
Justice Aluko noted that the court authorised substituted service on August 19 after a bailiff failed to serve Lukman personally. The bailiff’s affidavit stated that the processes were subsequently served through WhatsApp on August 24.
The judge also examined WhatsApp exchanges between the lawyers representing Owadara and Lukman. Those exchanges indicated that the parties exchanged court processes 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 lawyer remained valid when the lawyer did not deny receiving the processes.
Additionally, the judge noted that Lukman filed no counter-affidavit or defence to challenge Owadara’s claims.
He therefore concluded that Lukman had failed to controvert the evidence presented against him.
Owadara’s Lawyer Welcomes the Judgment
Festus Ogun, Managing Partner of FOLEGAL, led Owadara’s legal team alongside Tofunmi Adetunji and Omobola Olayanju.
Ogun welcomed the judgment, saying it reaffirmed the judiciary’s responsibility to uphold the law.
He described INEC’s publication of a candidate who did not participate in the recognised primary as a serious breach of electoral procedures.
“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 that the ruling represented a victory for democratic principles.
“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.
FOLEGAL Requests Immediate Compliance
On October 23, FOLEGAL wrote to INEC National Chairman, enclosing a certified true copy of the judgment.
The law firm requested immediate compliance with the court’s orders directing the commission to publish Owadara’s name and particulars.
In the letter signed by Ogun, the firm expressed confidence that INEC would comply with the judgment.
“We respectfully anticipate your earnest compliance with the said Orders of the Court,” the letter stated.
The court’s decision now requires INEC to replace Lukman’s name with Owadara’s on the list of NDC candidates for Oshodi/Isolo Federal Constituency I in the 2027 general election.
