Court sets Feb 24 to hear suit seeking ADC, others’ deregistration

The Federal High Court in Abuja has fixed February 24, 2026, to hear a suit seeking to compel the deregistration of the African Democratic Congress and other political parties over alleged violations of constitutional provisions.

The case, marked FHC/ABJ/CS/2637/25, was filed by the Incorporated Trustees of the National Forum of Former Legislators. The suit is against the Independent National Electoral Commission, the Attorney-General of the Federation, as well as five political parties.

The parties listed in the suit include the Accord Party, Zenith Labour Party, and Action Alliance, alongside the African Democratic Congress.

The matter was initially scheduled for mention on Monday before Justice Peter Lifu but was not heard. The court later adjourned the proceedings to February 24 for further action.

Speaking with journalists after the stalled hearing, counsel for the plaintiff, Yakubu Ruba (SAN), said the action seeks a judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties in Nigeria.

“We are before the 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.

Court documents show that 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 relevant provisions of the Federal High Court (Civil Procedure) Rules, 2019.

At the centre of the dispute is whether INEC is constitutionally bound to deregister political parties that failed to meet minimum electoral performance thresholds prescribed by law.

The thresholds 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 obligated, to enforce these benchmarks against the affected parties, which it alleged failed to win any ward, legislative seat or elective office in previous elections.

Other issues for determination include whether the 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, including 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.

The plaintiffs are also seeking orders compelling the electoral body to deregister the affected parties.

They further asked for 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 in support of the originating summons, deposed to by Hon. Igbokwe Nnanna, Chairman of the 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 allegedly failed to meet minimum performance thresholds.

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 councillorship 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.

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

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

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

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

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