A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) acted unlawfully by discontinuing the registration process of the Access Party. The court ordered INEC to reinstate the registration process and issue the party with an Access Code to complete its application.
Background of the Case
The Access Party submitted its intent to register with INEC on December 23, 2024. Despite acknowledging the application, INEC halted the process, claiming that the party's eagle-themed logo was too similar to that of the Democratic Leadership Party (DLP), an unregistered association. The plaintiffs argued that the logos were distinct and that INEC had no legal basis to use an unregistered group's symbol to block their registration.
Court Findings
Justice Obiora Atuegwu Egwuatu delivered the judgment on Wednesday in Suit No. FHC/ABJ/CS/2096/2025. The court declared that INEC's letter dated September 12, 2025, was ultra vires, unlawful, and inconsistent with Sections 40, 222, and 224 of the 1999 Constitution and Section 79 of the Electoral Act, 2022. The court also found that INEC's reliance on the DLP logo was arbitrary, unreasonable, and a violation of natural justice.
The court further stated that Access Party's proposed logo is distinct, suitable, and fully compliant with all constitutional and statutory requirements for registration as a political party.
Court Orders
The ruling quashed INEC's September 12, 2025 letter and ordered the commission to:
- Reinstate the registration of Access Party.
- Issue the Access Code to enable submission of Form EC 15A(1) with required documents, including the party's Constitution, Manifesto, membership register, and NEC election minutes.
- Pay N500,000.00 in damages to Access Party.
Reaction from Access Party
Dr. Audu Bulama Bukarti, the first plaintiff, hailed the judgment as a victory for democracy. He stated: "Today's judgment is a victory not just for Access Party, but for every Nigerian who believes that the right to form and belong to a political party is a fundamental constitutional right that cannot be arbitrarily extinguished by any government agency." He emphasized that INEC must operate within its constitutional boundaries and not use bureaucratic irregularities to suppress political participation.
