ABUJA– The Federal High Court in Abuja has slated February 24 to commence hearing of a suit that seeks to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), whose membership strength includes a coalition of opposition politicians working to thwart President Bola Tinubu’s re-election bid.
Other political parties that the legal action is also seeking to deregister and bar from participating in the 2027 general elections are the Accord Party, Zenith Labour Party, and Action Alliance.
The suit, marked FHC/ABJ/CS/2637/25, which was brought before the court by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), alleged that the listed political parties were in breach of the Constitution following their failure to meet minimum electoral performance thresholds prescribed by the law.
Aside from the parties, both the INEC and the Attorney-General of the Federation were also cited as defendants in the matter the plaintiff anchored on provisions of Section 225(A) of the 1999 Constitution (as amended), as well as Section 75(4) of the Electoral Act, 2022.
According to the plaintiff, statutory thresholds the ADC and the other affected parties failed to meet included securing at least 25 per cent of votes cast in one state in a presidential election, winning a local government area in a governorship election, or clinching at least one seat in elections ranging from councillorship to the National Assembly.
It prayed the court, among other things, to determine whether INEC is empowered or obligated to enforce these benchmarks against the affected parties, which it said failed to win any ward, legislative seat, or elective office in previous elections.
The plaintiff further wants the court to determine whether the parties are still eligible to be recognised as legally registered political parties, as well as whether INEC can lawfully acknowledge or give effect to their political activities, including congresses, primaries, campaigns and participation in the 2027 general elections, without strict compliance with Section 225(A) of the Constitution.
Upon the determination of the questions, the plaintiff urged the court to declare that INEC is duty-bound to enforce constitutional benchmarks as a precondition for party registration and participation in elections.
It wants orders compelling the electoral body to deregister the affected parties, likewise, an order of mandatory and perpetual injunctions restraining INEC from recognising, accepting or giving effect to any political activities or correspondence from the parties unless and until they comply fully with constitutional and statutory requirements.
In an affidavit it attached in support of the suit, the plaintiff accused INEC of neglecting its constitutional duty by continuing to recognise the ADC and the other defendants despite their failure to meet minimum performance thresholds.
The affidavit, deposed to by Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, further claimed that the affected parties have since their registration, 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 told the court that the defendants did not secure the constitutionally required 25 per cent of votes in at least one state in presidential elections, nor any representation across the country’s 8,809 wards, 774 local government areas, 36 states and the Federal Capital Territory.
It added that notwithstanding their failure, INEC continued to accord the full recognition, contrary to provisions of the Electoral Act 2022 and INEC’s Regulations & Guidelines for Political Parties, 2022.
It contended that unless the electoral body is restrained by the court, it may permit the affected political parties to participate in the 2027 general elections, thereby clogging the ballot paper, overstretching administrative resources, and misleading voters.
The plaintiff maintained that it filed the action in the public interest to enforce constitutional compliance, deepen democracy, and uphold the rule of law in the country.
The matter has since been assigned to Justice Peter Lifu for adjudication.
