A lawyer representing the Peoples Democratic Party’s governorship aspirant in Ogun State, Topa Peter, has given the Independent National Electoral Commission 48 hours to explain the omission of his client’s name from the final list of candidates for the February 6, 2027 election.
The lawyer, Anderson Asemota of Neplus Ultra Attorneys, also demanded the publication of Peter’s name as the party’s duly nominated candidate, threatening legal action if the commission failed to address the matter.
The demand, contained in a letter dated October 14, 2026, and addressed to the INEC Chairman, followed the commission’s publication of the final list of governorship candidates on October 10, which excluded the PDP from the race in Ogun State.
Earlier reported that the PDP’s governorship candidates in Ogun and Gombe states, Oladipupo Adebutu and former Minister of Communications and Digital Economy, Prof. Isa Ali Pantami, respectively, were missing from INEC’s final list for the 2027 elections.
The development generated controversy, particularly over allegations that Adebutu’s name was missing from the PDP membership register submitted to INEC.
The commission subsequently explained that the omissions followed the Supreme Court’s September 24, 2026, judgment in INEC v. Zenith Labour Party, which upheld the constitutionality of provisions of the Electoral Act, 2026, governing political party membership registers and nominations.
INEC said political parties that failed to comply with the membership-register requirements were ineligible to sponsor candidates in the affected elections.
It also stated that parties seeking corrections to the published list had until October 24 to notify the commission in accordance with Section 32(2) of the Electoral Act, 2026.
Against this backdrop, Peter’s lawyer argued that his client had fulfilled the requirements for nomination and deserved an explanation for his exclusion.
In the letter, Asemota stated, “Our Client briefed us, and we verily believe him that he is the duly nominated gubernatorial candidate of the Peoples Democratic Party, Ogun State.”
The lawyer claimed that Peter obtained the expression of interest and nomination forms on May 12, 2026, and participated in the party’s governorship primary conducted on May 27.
He further maintained that his client’s name appeared as entry number 15783 on the PDP membership register submitted to INEC in compliance with Section 77 of the Electoral Act, 2026.
According to the letter, Peter had not been furnished with written reasons for the omission of his name or notified of any objection that might have informed the commission’s decision.
The lawyer urged INEC to verify his client’s membership status and examine the party’s primary election and nomination records in its custody.
Citing Sections 29 and 32 of the Electoral Act, 2026, Asemota argued that the commission had a statutory obligation to publish the particulars of nominated candidates, subject to the applicable law and any binding judicial decision affecting their nominations.
He also cited Section 77(5) of the Act, which provides that “Only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.”
The lawyer acknowledged the Supreme Court’s judgment in INEC v. Zenith Labour Party, with suit number SC/CV/495/2026, but maintained that the decision should be applied to the specific facts and records relating to his client.
“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,” the letter stated.
Asemota asked INEC to establish whether Peter’s name appeared on the membership register submitted by the PDP, whether the applicable statutory requirements had been met and whether any court order or other lawful basis existed for excluding him.
He demanded that the commission complete the verification within 48 hours of receiving the letter and provide a written explanation of its findings.
The lawyer further requested that, if INEC’s records confirmed Peter’s nomination and no lawful basis existed for excluding him, the commission should publish a supplementary or amended list containing his name as the PDP governorship candidate in Ogun State.
He also demanded written confirmation of the steps taken and the outcome of the review within the same period.
Warning of possible litigation, Asemota said his client had instructed his lawyers to consider approaching a competent court if INEC failed to provide a substantive response or the omission persisted without a lawful and adequately explained basis.
“If the Commission fails to provide a substantive response within forty-eight (48) 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,” Asemota said.
“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,” the letter added.
He urged INEC to treat the matter as urgent and take any corrective action required by law.
