From Femi Oyelola, Abuja
The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to recognize the governorship and deputy governorship candidates put forward by the Hon. Adekunle Rufai Omo-Aje-led leadership of Action Alliance (AA) for the upcoming Ekiti State governorship election.
Justice Obiora Atuegwu Egwuatu issued the order while delivering judgment in Suit No. FHC/ABJ/CS/43/2026, filed by Action Alliance against INEC.
The court ruled that Omotoso Matthew Olu and Amb. Ayodeji Olumide George and the deputy governorship candidate, Oluwaseun Olumide, are the legitimate governorship and deputy governorship candidates of Action Alliance for the 2026 Ekiti State election.
Justice Egwuatu instructed INEC to publish the names of these two candidates as the party’s official representatives for the election.
This case arose after INEC excluded the names of the candidates submitted by the Omo-Aje-led leadership from the final list of candidates published on December 29, 2025.
Action Alliance filed an Originating Summons on January 9, 2026, asking the court to determine whether INEC had the authority to reject candidates who were validly elected at the party’s primary, and to replace them.
The party argued that its primary was conducted in accordance with its constitution and INEC’s rules, and that it properly notified the commission of its intention to hold the primary.
According to the party, INEC failed to monitor the primary despite receiving proper notice, and later refused to upload the names of Omotoso Matthew Olu and Amb. Ayodeji Olumide George on its portal.
Action Alliance claimed that INEC’s ICT director informed them that the names could not be uploaded because they did not match candidates from a different primary, allegedly monitored by INEC.
The party contended that INEC had no legal right to impose candidates or recognize a primary not conducted by the legitimate party leadership.
In its defense, INEC argued that it provided access codes to the Omo-Aje-led leadership to upload candidate details, but the party failed to complete the process within the deadline.
The commission maintained that it could not force a political party to endorse candidates it did not support, and asked the court to dismiss the case.
The court noted that INEC did not specifically deny the plaintiff’s claim that it rejected the names because they did not match candidates from another primary held at a different time and place.
Justice Egwuatu stated that a denial in an affidavit must be precise, and INEC’s broad denial was insufficient under the law.
The court also dismissed a motion filed by a faction of Action Alliance led by Barr—Kenneth Udeze —which sought dismissal of the case for abuse of process.
Justice Egwuatu explained that the case before him was different and that the plaintiff had the right to seek redress over INEC’s refusal to publish its candidates.
He emphasized that the core issue was the publication of Action Alliance’s gubernatorial and deputy gubernatorial candidates, and that this matter was suitable for resolution here.
The judge found that INEC had no valid reason for failing to publish the candidates’ names submitted by the legitimate party leadership.
He affirmed that political parties have the exclusive right to nominate their candidates, and that INEC cannot substitute its choice for the party’s
Justice Egwuatu concluded that omitting the plaintiffs’ candidates’ names from the list was unlawful and effectively excluded them from the electoral process.
The court reaffirmed that Hon. Adekunle Rufai Omo-Aje is the recognized National Chairman of Action Alliance, citing earlier judgments from the Federal High Court, Osogbo Division, which INEC had complied with.
It recalled that INEC initially recognized the Omo-Aje-led leadership and provided access codes for uploading candidate information for the Ekiti election.
The court stressed that once a party conducts a valid primary and submits the names of its candidates, INEC must publish them, unless legally prevented from doing so
Justice Egwuatu stated that the law does not allow INEC to benefit from its own negligence to the detriment of a political party.
He held that Action Alliance had met all legal requirements and was entitled to contest the Ekiti governorship election with its chosen candidates.
The court ordered INEC to immediately publish Omotoso Matthew Olu as the gubernatorial candidate and Amb. Ayodeji Olumide George as the deputy gubernatorial candidate.
This order was issued to prevent irreparable political damage to the party and its candidates, damage that could not be remedied.
The judgment concludes months of legal dispute over the legitimate leadership of Action Alliance and its rightful candidates in Ekiti State.
Political observers say this ruling reaffirms that political parties, not INEC, decide who represents them in elections.
Action Alliance welcomed the judgment, describing it as a victory for internal democracy and the rule of law.
Party officials said this decision will enable the party to focus on campaigning ahead of the Ekiti governorship poll.
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