The Federal High Court in Abuja has scheduled a hearing on February 24 to order the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), whose membership includes a coalition of opposition politicians working to derail President Bola Tinubu’s re-election campaign.
The Accord Party, Zenith Labour Party, and Action Alliance are three more political parties that the court action seeks to deregister and prevent from participating in the 2027 general elections.
The suit, FHC/ABJ/CS/2637/25, was filed in court by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), alleging that the listed political parties violated the Constitution by failing to meet the minimum electoral performance thresholds set by law.
In addition to the parties, the plaintiff named the INEC and the Attorney-General of the Federation as defendants in the case, which was based on Section 225(A) of the 1999 Constitution (as amended) and Section 75(4) of the Electoral Act, 2022.
According to the plaintiff, the ADC and the other affected parties failed to meet statutory thresholds such as obtaining at least 25% of votes cast in one state in a presidential election, winning a local government area in a governorship election, or securing at least one seat in elections ranging from councillor to National Assembly.
It asked the court, among other things, to decide whether INEC has the authority or obligation to enforce these standards against the affected parties, who it said failed to win any ward, parliamentary seat, or electoral office in prior elections.
The plaintiff also requests that the court determine whether the parties are still eligible to be recognized as legally registered political parties, as well as whether INEC can lawfully acknowledge or give effect to their political activities, such as congresses, primaries, campaigns, and participation in the 2027 general elections, without strict compliance with Section 225(A) of the Constitution.
Following the resolution of the questions, the plaintiff requested that the court declare that INEC is obligated to enforce constitutional benchmarks as a prerequisite for party registration and participation in elections.
It seeks orders compelling the electoral body to deregister the affected parties, as well as mandatory and perpetual injunctions prohibiting INEC from recognizing, accepting, or carrying out any political activities or correspondence from the parties until they fully comply with constitutional and statutory requirements.
In an affidavit attached to the action, the plaintiff accused INEC of failing to fulfill its constitutional responsibility by continuing to acknowledge the ADC and other defendants notwithstanding their failure to satisfy minimal performance requirements.
The affidavit, signed by Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, also stated that since their registration, the affected parties have failed to win a single elective seat at any level of government, including presidential, governorship, National Assembly, state assembly, chairmanship, or councillorship elections.
The plaintiff informed the court that the defendants failed to secure the constitutionally mandated 25% of votes in at least one state in presidential elections, as well as representation across the country’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.
It went on to say that notwithstanding their failure, INEC continued to grant full recognition, which violated sections of the Electoral Act 2022 and INEC’s Regulations & Guidelines for Political Parties 2022.
It said that unless the electoral board is restricted by the court, it may allow the affected political parties to run in the 2027 general elections, crowding the ballot paper, overstretching administrative resources, and misleading voters.
The plaintiff claimed that it launched the lawsuit in the public interest to ensure constitutional compliance, deepen democracy, and protect the rule of law in the country.
The case has since been handed to Justice Peter Lifu for determination.
