The Federal High Court in Abuja has scheduled a hearing for February 24 concerning a suit aimed at compelling the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and three other political parties. This legal action is part of a concerted effort by a coalition of opposition politicians to challenge President Bola Tinubu’s re-election campaign.
In addition to the ADC, the suit also targets the Accord Party, Zenith Labour Party, and Action Alliance, seeking to prevent their participation in the upcoming 2027 general elections. The case, designated FHC/ABJ/CS/2637/25, was filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL). The plaintiffs allege that these parties have breached constitutional provisions by failing to meet the minimum electoral performance thresholds stipulated by law.
The defendants in this case include not only the political parties but also INEC and the Attorney-General of the Federation. The legal basis for the suit rests on Section 225(A) of the 1999 Constitution (as amended) and Section 75(4) of the Electoral Act, 2022.
According to the plaintiffs, the ADC and the other implicated parties have not met the statutory requirements, which include securing at least 25% of votes cast in one state during a presidential election, winning a local government area in a governorship election, or obtaining at least one seat in any election from local councils to the National Assembly.
The plaintiffs seek the court’s determination on whether INEC has the authority or obligation to enforce these benchmarks against the parties that have not successfully contested elections. They also question the parties’ eligibility to maintain their status as legally registered political entities and whether INEC can lawfully recognise their political activities, including congresses, primaries, campaigns, and participation in the 2027 elections, without adhering to the constitutional requirements.
Upon resolving these questions, the plaintiffs urge the court to declare that INEC must enforce these constitutional benchmarks as prerequisites for party registration and electoral participation.
Moreover, the plaintiffs request orders directing INEC to deregister the affected parties and to issue mandatory and perpetual injunctions preventing the electoral body from recognising, accepting, or acting upon any political activities or communications from these parties until they comply fully with constitutional and statutory mandates.
In a supporting affidavit, the plaintiffs accuse INEC of neglecting its constitutional responsibilities by continuing to recognise the ADC and the other parties despite their non-compliance with minimum performance thresholds.
The affidavit, sworn by Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, asserts that the affected parties have not won any elective position at any governmental level, including presidential, governorship, National Assembly, state assembly, or local council elections.
The plaintiffs further inform the court that the defendants have failed to secure the constitutionally mandated 25% of votes in any state during presidential elections and lack representation across the country’s 8,809 wards, 774 local government areas, and 36 states, including the Federal Capital Territory.
Despite these shortcomings, the plaintiffs contend that INEC continues to grant full recognition to these parties, contrary to the provisions of the Electoral Act 2022 and INEC’s Regulations & Guidelines for Political Parties, 2022.
They argue that without court intervention, INEC may allow the affected parties to participate in the 2027 general elections, which could clutter the ballot paper, strain administrative resources, and confuse voters.
The plaintiffs assert that this action is in the public interest, aiming to enforce constitutional compliance, enhance democratic processes, and uphold the rule of law in Nigeria.
The case has been assigned to Justice Peter Lifu for adjudication.
