Group sues INEC, seeks deregistration of ADC, Accord, others over constitutional breaches

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Group sues INEC, seeks deregistration of ADC, Accord, others over constitutional breaches

A civil group, the Incorporated Trustees of the National Forum of Former Legislators has dragged the Independent National Electoral Commission, INEC before the Federal High Court in Abuja praying for an order of the Court to compel the electoral body to deregister five political parties in the country.

The group predicated its request on the ground that the affected political parties have been violating Constitutional provisions guiding party registration in their existence.

The suit which has the Attorney-General of the Federation, AGF, and Minister of Justice as defendant seeks deregistration of the David Mark led African Democratic Congress ADC, Accord Party, Zenith Labour Party, ZLP, and the Action Alliance Party, AAP.

The suit, marked FHC/ABJ/CS/2637/25, was slated for hearing this Monday but was, however, shifted to February 24 due to absence of Justice Peter Lifu in Court.

Counsel to the group, Yakubu Abdullahi Ruba, a Senior Advocate of Nigeria, SAN, told newsmen that the suit seeks a judicial interpretation of specific constitutional and statutory provisions relating to the registration and continued recognition of political parties in Nigeria.

According to him, the plaintiffs contend that some of the defendant political parties have allegedly failed to comply with constitutional requirements, thereby necessitating the court’s intervention.

“We are before this court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the Constitution, and we seek the court’s guidance on the relevant provisions,” Ruba said.

According to court documents, the suit was commenced by originating summons pursuant to Section 225(A) of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act, 2022, and applicable provisions of the Federal High Court (Civil Procedure) Rules, 2019.

At the heart of the reliefs being sought is whether INEC is constitutionally bound to deregister political parties that failed to meet the minimum electoral performance thresholds prescribed by law.

“These include 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.

The plaintiff is asking the court to determine whether INEC is empowered, or indeed obligated to enforce the thresholds against the affected parties, which allegedly failed to win any ward, legislative seat, or elective office in previous elections.

Other issues for determination include whether the affected parties are still eligible to be recognised as legally registered political parties, and 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.

Among the reliefs sought are declaratory orders affirming that INEC is duty-bound to enforce constitutional benchmarks as a precondition for party registration and participation in elections, as well as orders compelling the electoral body to deregister the affected parties.

The plaintiff is also seeking 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 fully comply with constitutional and statutory requirements.

Justice Lifu adjourned the matter to February 24, 2026, for further proceedings.

In an affidavit in support of an originating summons deposed to by Hon. Igbokwe Raphael Nnanna, Chairman, Board of Trustees and National Coordinator of the NFFL, the group accused INEC of neglecting its constitutional duty by continuing to recognise political parties that have failed to meet the minimum performance thresholds prescribed by the 1999 Constitution (as amended).

According to the affidavit, 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 council elections.

The plaintiff further claimed that the parties 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.

Hon. Nnanna averred that despite these “total electoral failures,” INEC has continued to accord the parties full recognition, an action the group described as unconstitutional and contrary to the Electoral Act 2022 and INEC’s Regulations and Guidelines for Political Parties, 2022.

The plaintiff warned that unless restrained by the court, INEC may unlawfully permit the affected parties to participate in the 2027 general elections, thereby “clogging the ballot papers, overstretching administrative resources and misleading voters.”

The former lawmakers argued that the continued existence of non-performing parties undermines political sanity, electoral integrity and genuine competition, while also resulting in wastage of public funds.

Describing the action as a public interest suit, the NFFL urged the court to compel INEC to enforce constitutional compliance by deregistering political parties that have failed to meet the stipulated thresholds, in order to deepen democracy and uphold the rule of law ahead of future elections.