In a landmark judgment with significant implications for Nigeria’s electoral jurisprudence, the Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to immediately recognize and publish Mr. Salawu-Adeniyi Mustapha Olaitan as the duly nominated Governorship Candidate of the Social Democratic Party (SDP) for the forthcoming Osun State Governorship Election.
Justice M.G. Umar, who delivered the judgment on 24 June 2026, held that once a political party has conducted a valid primary election monitored by INEC, the Commission possesses no statutory discretion to reject, ignore or refuse to publish the name of the candidate validly nominated by the political party.
The Court further ruled that the Plaintiff emerged from a valid governorship primary election conducted by the Social Democratic Party on 15th of December 2025, and that INEC was under a legal obligation to accord recognition to his nomination.
In one of the most far-reaching pronouncements in recent electoral litigation, the Court declared that INEC’s refusal to recognize the Plaintiff’s nomination was illegal, unconstitutional, unlawful and ultra vires its statutory powers under the Electoral Act, 2022.
The Court consequently granted several reliefs, including:
A declaration affirming that the Plaintiff was validly nominated as the SDP Governorship Candidate.
A declaration that INEC lacks statutory authority to reject or refuse the nomination of a candidate who emerged from a validly conducted primary election.
An order compelling INEC to accord recognition to and publish the Plaintiff’s name as the SDP Governorship Candidate.
An order directing INEC to include the Plaintiff’s name and logo of the SDP on the ballot paper.
Perpetual injunctions restraining INEC from refusing recognition or removing the Plaintiff’s name from the list of candidates.
The Court equally affirmed that the National Chairman of the Social Democratic Party, Alhaji Shehu Musa Gabam, possesses the lawful authority to submit the name of the party’s candidate to INEC in accordance with the Electoral Act.
The Plaintiff was represented by Adeyemi Adewumi, Esq., whose advocacy and legal arguments persuaded the Court that the Electoral Act leaves no room for INEC to substitute its discretion for the democratic choice of a political party expressed through a valid primary election.
Speaking after the judgment, members of the legal team described the decision as “a victory for democracy, party supremacy in candidate nomination, and the rule of law.”
According to the team, the judgment reinforces the constitutional principle that political parties—not INEC—possess the exclusive authority to nominate candidates, while INEC is bound to perform its statutory duty once the requirements of the Electoral Act have been satisfied.
The decision is expected to become an important judicial precedent in the interpretation of Sections 29 and 84 of the Electoral Act concerning the powers of political parties and the obligations of the electoral umpire.