-PDP or He himself can sue INEC-
•But different legal rights. PDP is STRONGER.
Under Nigerian electoral law, this is who can challenge INEC exclusion under Section 77:
1. LADI ADEBUTU HIMSELF - CAN SUE
*Law:* Section 29(5) Electoral Act + Section 285(14) Constitution
- As *aspirant whose name was submitted* by party but rejected by INEC, he has *personal locus*.
- He is directly affected - Right to fair hearing Section 36(1).
- Deadline: *14 days from INEC publication* (Oct 10 list). He filed within time.
*Weakness:* INEC will say - _"You are not in membership register, you are not even a member, so you have no right to complain."_
That's why INEC said _"The Ogun PDP candidate did not succeed"_ - they killed him on membership, not sponsorship.
If he sues alone, court may say he is not a member to sue.
1. PDP PARTY - CAN SUE AND IS STRONGER
*Law:* Section 84(14) & Section 29(5) Electoral Act 2022/2026
- PDP as *political party that sponsored him* has *independent right* to sue INEC.
- Supreme Court in *JEGEDE v INEC (2021) 14 NWLR* and *PDP v INEC (2023)* held: Party that submitted candidate's name can challenge INEC refusal.
- Party can argue: _"We submitted our register, Adebutu is in it, INEC omitted him by error."_
*Why PDP is better:*
- PDP owns the membership register. Only PDP can tender *authentic original register* to prove Adebutu is inside.
- Adebutu cannot prove membership alone - PDP must confirm.
- Section 77(6) says - *Party* must submit register, not candidate. So *Party* is proper person to defend register.
*Best Practice - JOIN BOTH:*
File suit as:
*PLAINTIFFS:*
1. Peoples Democratic Party (PDP)
2. Hon. Oladipupo Adebutu
*DEFENDANT:* INEC
This is what Gwarzo did in Kano - He filed himself + NDC party jointly.
*What Adebutu/PDP must do within 14 days of Oct 29 decision:*
- File FHC Suit under Section 29(5) challenging INEC refusal
- Prayers: Mandamus order compelling INEC to restore name
- Attach: PDP membership register showing Adebutu + Receipt of submission to INEC April 2026
- WILL EXCELLENCY WIKE PDP RECOGNIZED FACTION AGREE TO SUE INEC
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