ABEOKUTA- Amid mounting controversy over the exclusion of the Peoples Democratic Party’s (PDP) governorship candidate in Ogun State, Ladi Adebutu, from the Independent National Electoral Commission’s (INEC) final list for the 2027 elections, a chieftain of the All Progressives Congress (APC), Kayode Oladele, has warned that fresh litigation cannot overturn the Supreme Court’s interpretation of the Electoral Act 2026.
Oladele, a lawyer and former member of the House of Representatives, described the apex court’s interpretation of the law as sacrosanct, insisting that no lower court could reverse or circumvent its binding judgment under the guise of challenging INEC’s implementation.
His intervention followed INEC’s publication of the final list of governorship candidates, which omitted Adebutu and his running mate, raising questions about the PDP’s participation in the Ogun governorship contest.
In a statement, Oladele who is also the Chairman of the Planning Committee of Ogun State APC Presidential and Gubernatorial Campaign Council said the Supreme Court’s September 24, 2026 judgment in the case involving INEC and the Zenith Labour Party upheld provisions of the Electoral Act governing political party membership registers and eligibility to sponsor candidates.
“The Supreme Court is the apex court of the land and its decisions are final and binding. What INEC has done is to implement its judgment. No lower court can reverse, alter or circumvent that decision,” he said.
Citing Sections 235 and 287(1) of the 1999 Constitution, as amended, Oladele said Supreme Court judgments were final and enforceable throughout the country.
“INEC did not make the law or deliver the judgment. It merely fulfilled its constitutional obligation by implementing the decision of the Supreme Court.
“No Federal High Court or Court of Appeal can sit on appeal over the Supreme Court or issue orders that contradict its binding pronouncements,” he stated.
Oladele said the judgment had implications for political parties and their candidates, noting that Nigeria’s electoral system did not recognise independent candidature.
“A candidate cannot separate himself from the political party upon which his candidature depends. Where a party becomes legally ineligible to sponsor candidates, the consequences extend to those seeking election on its platform,” he said.
The former lawmaker dismissed suggestions that fresh litigation could invalidate the apex court’s interpretation of the Electoral Act.
“Fresh litigation cannot invalidate a Supreme Court judgment. No lower court can reopen issues conclusively determined by the apex court simply because the judgment has produced unfavourable political consequences.
Oladele urged political actors to respect the rule of law rather than raise what he described as false hopes among their supporters.
“Political ambition cannot override the Constitution. The hierarchy of courts cannot be altered for political convenience,” he said.
On the Ogun governorship election, Oladele said the APC remained focused on securing victory for its candidate, Senator Solomon Olamilekan Adeola, popularly known as Yayi.
He expressed confidence that Adeola’s record of public service and developmental interventions would attract widespread electoral support.
“Our campaign is not dependent on the exclusion of any candidate. We are prepared to face the electorate and win convincingly.
“Senator Adeola’s candidacy also presents an opportunity to address the longstanding marginalisation of Ogun West, which has yet to produce an elected governor since the creation of the state,” he said.
Oladele maintained that respect for judicial decisions remained fundamental to constitutional democracy.
“The Supreme Court has spoken, and INEC has implemented its judgment. No lower court can rewrite the decision of the apex court. Political interests cannot change the Constitution,” he declared.
