Ogun Gov Poll: Lawyers petition INEC over omission of PDP candidate

By Ikechukwu Nnochiri

ABUJA — Lawyers representing the candidate of the Peoples Democratic Party (PDP) for the 2027 governorship election in Ogun State, Mr. Topa Olusegun Peter, have petitioned the Independent National Electoral Commission (INEC) over the omission of his name from the final list of candidates.

In the letter dated October 14 and addressed to the Chairman of INEC, Prof. Joash Amupitan, SAN, Peter’s legal team, led by Mr. Anderson Asemota, said his name was omitted from the list INEC published on October 10, even though the party had earlier forwarded his nomination particulars in accordance with Section 77 of the Electoral Act, 2026.

Insisting that the omission has immediate and serious consequences, the petitioners vowed to proceed to court should the electoral body fail, within 48 hours, to provide a substantive response or restore his name as a candidate for the governorship poll scheduled for February 6.

“It is our Client’s case that he duly participated in the party’s primary, and the party forwarded his nomination particulars to the Commission in accordance with the Act.

“He further states that his name appears at entry No. 15783 on the PDP membership register submitted to the Commission in compliance with Section 77 of the Electoral Act, 2026.

“That on 10th October 2026, INEC published the Final List of candidates for the Governorship election, wherein it failed, refused and/or neglected to publish any name for the Peoples Democratic Party in Ogun State.

“Surprisingly, our Client’s name was omitted. So far as our Client is aware, he has not been furnished with written reasons for the omission, nor has he been notified of any objection or afforded an opportunity to respond to any concern relied upon by the Commission.

“The omission has immediate and serious consequences. It prevents the public from seeing our Client identified on the official list as the candidate he says was nominated by the PDP, and creates uncertainty for the party, its supporters and the electorate.

“The matter therefore requires prompt attention and a reasoned response,” the letter added.

Stressing that Section 77(4)–(6) of the Electoral Act, 2026 regulates the submission and use of political party membership registers, the petitioners urged INEC to verify whether their client was on the register submitted to it by the PDP, as well as whether the applicable statutory requirements were met.

“We acknowledge the Supreme Court decision identified as INEC v. Zenith Labour Party, SC/CV/495/2026, delivered on 24th September 2026, concerning Sections 77(5), (6) and (7) and Section 84(2) of the Act.

“Our Client does not invite the Commission to disregard that decision. Rather, the Commission is requested to apply the provisions, as authoritatively interpreted by the Supreme Court, to the actual facts and records relating to the PDP and our Client.

“In particular, the Commission should verify whether our Client’s name was on the register submitted by the PDP, whether the applicable statutory requirements were met, and whether any order of a court or other lawful basis exists for the omission.

“The legal consequences of any established noncompliance must be those prescribed by the Act and the binding judicial authorities; they should not be extended by administrative assumption beyond their proper scope.

“The principles discussed in Ugwu v. Ararume (2007) 12 NWLR (Pt. 1048) 367 and Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) 227 underscore the importance of giving effect to lawful party nomination processes and of ensuring that electoral authorities act within the law.

“The Commission is invited to consider those authorities alongside the applicable provisions of the Electoral Act, 2026 and any subsequent binding decision directly relevant to the present facts.

“In the circumstances, we hereby formally request that the Commission, within forty-eight (48) hours of receipt of this letter, verify the PDP membership-register entry relied upon by our Client, together with the primary-election and nomination records in the Commission’s custody;

“Where the Commission’s records confirm that our Client was duly nominated and no lawful basis exists for excluding him, promptly correct the published list by issuing and displaying a supplementary or amended list containing the name of Mr. Topa Olusegun Peter as the gubernatorial candidate of the PDP in Ogun State, and publish the correction on its website in the manner required by the Act; and confirm in writing, within the same forty-eight (48) hour period, the steps taken and the outcome of the Commission’s review.

“This letter is written without prejudice to our Client’s rights and remedies. If the Commission fails to provide a substantive response within forty-eight hours of receipt, or if the omission persists without a lawful and adequately explained basis, our Client has instructed us to consider instituting appropriate proceedings before a court of competent jurisdiction, seeking such declaratory, mandatory and consequential reliefs as may be available on the facts and in law, together with costs.

“For the avoidance of doubt, we do not ask the Commission to usurp the adjudicatory function of the court.

“We ask it to review the relevant records and perform its statutory functions lawfully. Any issue reserved by law for judicial determination may be placed before a court of competent jurisdiction.

“In view of the documentary basis asserted by our Client and the statutory framework governing membership registers, primaries, nomination and publication, we urge the Commission to treat this matter as urgent, conduct the necessary verification without delay, and take the corrective action required by law,” the letter further read.

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