A Federal High Court sitting in Ado Ekiti has nullified the governorship primary election conducted by the Peoples Democratic Party (PDP) ahead of the 2026 Ekiti State governorship race, ordering the party to conduct a fresh exercise in line with its constitution and the Electoral Act. The ruling has reopened the contest for the PDP ticket and introduced new uncertainty into the party’s preparations for the election.
The court, presided over by Justice Babs Kuewumi, held that the primary election conducted on November 8, in which Dr Wole Oluyede emerged as the PDP’s candidate, failed to meet basic legal and procedural requirements. The decision followed a suit filed by one of the aspirants, Mr Funso Ayeni, who challenged the validity of the exercise.
The judgment has significant political implications, not only for the PDP’s internal processes but also for the broader Ekiti 2026 governorship contest, as the party is now compelled to return to the drawing board.
Court Ruling and Legal Basis for Nullification Of Ekiti PDP Primary Election
Justice Kuewumi, in a detailed judgment delivered on Tuesday, ruled that the PDP’s governorship primary did not comply with the provisions of the law and the party’s own constitution. Central to the court’s decision was the finding that the party failed to present the original and authentic list of statutory and ad hoc delegates used for the primary election.
According to the court, the absence of the original delegates’ list constituted a fundamental breach of the PDP guidelines and the Electoral Act. The judge noted that internal party democracy must be anchored on transparency and strict adherence to established rules, especially in an election as critical as the selection of a governorship candidate.
Consequently, the court nullified the November 8 primary election in its entirety and ordered the PDP, in conjunction with the Independent National Electoral Commission (INEC), to conduct a fresh governorship primary election. Justice Kuewumi further directed that all eligible aspirants be allowed to participate in the new exercise to ensure fairness and credibility.
The Suit by Funso Ayeni and Party Guidelines
The legal challenge was initiated by Mr Funso Ayeni, an aspirant who participated in the disputed primary. Dissatisfied with the conduct and outcome of the exercise, Ayeni approached the court through his counsel, Mr Kola Kolade, SAN, in a suit marked FHC/AD/CS/29/2025.
Ayeni argued that the PDP failed to comply with its constitution and guidelines by not producing the authentic delegates’ list used for the primary. He maintained that delegates’ accreditation is a core requirement for a valid primary election and that any process conducted without a verifiable list is fundamentally flawed.
The plaintiff urged the court to cancel the primary election, insisting that the alleged irregularities went beyond minor procedural errors and struck at the heart of the party’s internal democratic process. The court ultimately agreed with this position, validating Ayeni’s claims and setting aside the primary election.
Reactions, Appeal Plans, and Electoral Implications
Reacting to the judgment, counsel to Dr Wole Oluyede, Mr Owoseni Ajayi, expressed dissatisfaction with the verdict. He disclosed that Oluyede would appeal the decision and file an application for a stay of execution, signalling that the legal battle over the PDP ticket is far from over.
The ruling comes against the backdrop of Oluyede’s earlier exclusion from the list of governorship candidates for the June 20 election published by INEC on December 29. Oluyede had publicly vowed to challenge his exclusion and explore all legal avenues to have his name restored to the list of candidates.
With the court now ordering a fresh primary, the PDP faces a tight legal and political timeline as it seeks to resolve internal disputes while remaining competitive in the Ekiti 2026 governorship race. The outcome of any appeal and the conduct of the fresh primary will be critical in determining the party’s fortunes in the forthcoming election.
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