Two opposition figures have petitioned the Independent National Electoral Commission (INEC) over an alleged attempt to circumvent provisions of the Electoral Act 2026 and undermine a Supreme Court judgment in the Ogun State Peoples Democratic Party (PDP) governorship dispute.
The petitioners, Dr. Arabambi Abayomi, National Vice Chairman of the Labour Party for the South-West and former Chairman of the Inter-Party Advisory Council in Ogun State, and Professor Awofala Awoniyi Awolola, governorship candidate of the Action Alliance in Ogun State, raised the alarm at a press conference in Abuja on Wednesday.
They alleged that individuals acting in the interest of former PDP governorship candidate Oladipupo Adebutu were attempting to retrospectively regularise the omission of his name from the party’s membership register submitted to INEC through an affidavit reportedly deposed to by a person identified as the PDP National Organising Secretary.
DISPUTE OVER PDP MEMBERSHIP REGISTER
According to the petitioners, the PDP conducted its Ogun State governorship primary for the 2027 general elections on Sunday, May 24, 2026, in Abeokuta.
They maintained that Section 77 of the Electoral Act 2026 required the party to submit its membership register to INEC at least 21 days before the primary, adding that the register submitted within the statutory timeframe is the legally recognised document for determining eligibility to vote and be voted for in the party’s primaries.
Abayomi claimed that Adebutu’s name was missing from the register submitted to the commission, a position he said was confirmed by a Certified True Copy issued by INEC on July 20, 2026.
The petitioners alleged that they subsequently received information suggesting that an affidavit had been prepared to explain the omission as an error by the party.
They cited an alleged disclosure by Jasper Anietimfon Louis, a member of the Ogun State PDP Executive Committee, during a WhatsApp discussion, in which he reportedly confirmed that the party’s National Organising Secretary had deposed to the affidavit.
However, the petitioners acknowledged that they were not in possession of the document and called on INEC to verify its existence, authenticity and circumstances of submission.
Abayomi said the information warranted immediate investigation because it reportedly originated from a serving member of the party’s state executive committee.
FEARS OVER POSSIBLE RETROSPECTIVE VALIDATION
The opposition figures expressed concern that the alleged affidavit could be used to persuade INEC officials to recognise or retrospectively validate Adebutu’s name as the PDP’s governorship candidate.
They further alleged that the document might be used in connection with a planned announcement or republication of Adebutu’s name by the commission on October 29, 2026.
The petitioners argued that an affidavit explaining an omission could not, by itself, amend an official register after submission or retrospectively satisfy a statutory requirement.
Citing Sections 77(4), 77(5), 77(6) and 77(7) of the Electoral Act 2026, Abayomi said the law prescribes the timeframe for submitting party membership registers, restricts participation in primaries to eligible persons whose names appear on the register and prohibits political parties from relying on a different register from the one submitted to INEC.
He argued that the distinction between explaining non-compliance and satisfying the law was fundamental, insisting that a subsequent affidavit could not automatically establish that a person’s name was contained in the original register at the legally relevant time.
According to him, an affidavit is a means of presenting evidence of facts and cannot independently amend an Act of the National Assembly, replace a statutory register or alter a binding court judgment.
PETITIONERS CITE SUPREME COURT JUDGMENT
The petitioners also drew attention to a Supreme Court judgment delivered on September 24, 2026, in INEC v. Zenith Labour Party, Appeal No. SC/CV/495/2026, which they said concerned the operation and validity of membership register requirements under Section 77.
They invoked Section 287(1) of the 1999 Constitution, as amended, which provides for the enforcement of Supreme Court decisions throughout the federation.
The petitioners maintained that neither INEC nor any political party could lawfully circumvent a binding judicial interpretation of the law through an administrative arrangement not authorised by statute.
They therefore called on the electoral commission to ensure that any action concerning the disputed membership register complies with the Electoral Act and applicable judicial decisions.
FOUR DEMANDS TO INEC
In their formal petition, the opposition figures outlined four measures they want INEC to take.
First, they asked the commission to immediately preserve and secure the original PDP membership register submitted for the Ogun State governorship primary, including the records corresponding to the Certified True Copy issued on July 20, 2026.
Second, they urged INEC to establish whether the PDP National Organising Secretary, or anyone claiming to hold that position, had sworn to an affidavit explaining Adebutu’s alleged omission. They also requested details of whether the document had been submitted to the commission, when and how it was received, the identity of the receiving official and the purpose for which it was presented.
Third, they asked INEC to ensure that no subsequently sworn affidavit or explanatory document was treated as having retrospectively inserted Adebutu’s name into the original statutory register unless such action was expressly authorised by law or ordered by a court of competent jurisdiction.
Fourth, they called for an investigation into any credible allegations of collusion, improper interference or administrative manipulation involving commission officials and individuals allegedly acting in Adebutu’s interest.
The petitioners also requested an acknowledgment of their letter and a response within 24 hours detailing the immediate steps taken to preserve the relevant records and commence an investigation.
INEC URGED TO INVESTIGATE WITHOUT PREJUDGMENT
The opposition figures stressed that their petition was not an accusation of proven wrongdoing against any INEC official.
Instead, they said the commission, as the custodian of the relevant electoral records, had a responsibility to investigate the allegations thoroughly and ensure that all actions remained within the law.
They maintained that they did not oppose INEC receiving or examining documents lawfully submitted to it, but rejected any attempt to use a subsequent affidavit or administrative process to achieve what they believe the Electoral Act does not permit.
The petitioners warned that any purported retrospective alteration of the membership register, or administrative recognition based on an allegedly unlawful substitution of the original document, would be challenged in a court of competent jurisdiction.
They said they reserved the right to pursue appropriate judicial, administrative and other lawful remedies to protect the integrity of the electoral process.
Abayomi insisted that the dispute went beyond the political interests of an individual, arguing that compliance with electoral laws and respect for judicial decisions were essential to protecting democratic institutions and ensuring a level playing field ahead of the 2027 general elections.
