The Federal High Court in Abuja will hear a pivotal case on February 24 regarding the deregistration of the African Democratic Congress (ADC) and three other political parties. This legal action seeks to compel the Independent National Electoral Commission (INEC) to remove these parties from the electoral roll, amid efforts by a coalition of opposition politicians to undermine President Bola Tinubu’s re-election campaign.
The suit, which also targets the Accord Party, Zenith Labour Party, and Action Alliance, aims to prevent these parties from participating in the upcoming 2027 general elections. Designated FHC/ABJ/CS/2637/25, the case was filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), alleging that the parties have violated constitutional provisions by failing to meet essential electoral performance thresholds.
Both INEC and the Attorney-General of the Federation have been named as defendants in the suit. The plaintiffs base their claims on Section 225(A) of the 1999 Constitution (as amended) and Section 75(4) of the Electoral Act, 2022.
The plaintiffs argue that the ADC and the other parties have not fulfilled statutory requirements, such as securing at least 25% of votes in any state during presidential elections, winning a local government area in governorship elections, or obtaining at least one seat across various electoral levels.
They seek a judicial determination on whether INEC is mandated to enforce these benchmarks against the parties that have not secured any electoral victories. Furthermore, they question the parties’ eligibility to maintain their registered status and whether INEC can legally acknowledge their political activities, including congresses, primaries, and participation in the 2027 elections, without compliance with the constitution.
The plaintiffs also request the court to declare that INEC has a duty to enforce these constitutional thresholds as conditions for party registration and electoral participation.
Additionally, they seek orders for the deregistration of the affected parties and injunctions preventing INEC from recognising or accepting any political activities from them until they meet all constitutional and statutory requirements.
In support of their case, the plaintiffs submit an affidavit accusing INEC of failing to perform its constitutional duties by continuing to recognise the ADC and the other parties despite their non-compliance with minimum electoral performance standards.
The affidavit, filed by Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, claims that the parties have not won any electoral positions at any level of government, including presidential, governorship, National Assembly, or local council elections.
The plaintiffs inform the court that the defendants failed to achieve the required 25% of votes in presidential elections and lack representation across the nation’s 8,809 wards, 774 local government areas, and 36 states, including the Federal Capital Territory.
Despite these failures, the plaintiffs contend that INEC continues to recognise these parties, in violation of the Electoral Act 2022 and INEC’s own Regulations & Guidelines for Political Parties, 2022.
The plaintiffs argue that without court intervention, INEC may allow these parties to participate in the 2027 general elections, leading to a cluttered ballot, strained administrative resources, and potential voter confusion.
They assert that this action serves the public interest, aiming to enforce constitutional adherence, strengthen democratic processes, and uphold the rule of law in Nigeria.
The case has been assigned to Justice Peter Lifu for further proceedings.
