From Victor Osula, Abuja
The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC), over failure to meet constitutional electoral performance requirements.
The other affected political parties are Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Justice Peter Lifu issued the order on Monday while delivering judgment in suit number FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators against INEC and the affected political parties.
The plaintiffs had asked the court to determine whether INEC has a constitutional obligation to deregister political parties that fail to satisfy electoral performance benchmarks as stipulated under Section 225A of the 1999 Constitution (as amended), provisions further reinforced by the Electoral Act 2022 and existing INEC regulations.
According to the former lawmakers, the five parties listed as defendants had consistently failed to meet the constitutional requirements necessary to retain their registration as recognised political parties in Nigeria.
They argued that under the law, political parties are required to secure at least 25 percent of votes cast in at least one state during a presidential election or win at least one elective position at the national, state, or local government level in order to remain legally registered.
The plaintiffs told the court that the ADC, APP, AA, Accord Party and ZLP performed poorly during the 2023 general elections, as well as subsequent by-elections conducted by INEC, failing to win seats across critical tiers of government and therefore falling short of constitutional thresholds.
In their submission, the litigants argued that the continued recognition of the affected parties by INEC was unlawful and undermined the integrity of Nigeria’s electoral system.
Among several reliefs sought, the plaintiffs requested the court to declare that INEC is constitutionally bound to deregister political parties that fail to meet the required electoral benchmarks.
They also asked the court to compel the electoral commission to immediately remove the five parties from the register before preparations for the 2027 general elections progress further.
Beyond seeking deregistration, the plaintiffs urged the court to restrain the affected political parties from participating in future elections or engaging in political activities, including campaigns, congresses, rallies, conventions, primaries, and candidate nominations.
Additionally, they sought an injunction preventing INEC from recognising, dealing with, or granting official status to the five parties unless they fully comply with constitutional requirements governing political party registration.
Justice Lifu, in his ruling, agreed with the arguments presented by the plaintiffs and subsequently directed INEC to commence immediate steps toward deregistering the affected political parties in line with constitutional provisions.
INEC has yet to issue an official statement indicating whether it will immediately comply with the court directive or challenge the judgment on appeal.
