The Federal High Court in Abuja has issued a landmark ruling directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties. The court found that these parties violated constitutional provisions governing their continued registration.
Court Ruling and Constitutional Grounds
Justice Peter Lifu delivered the judgment on Monday, emphasizing that the affected parties breached Section 225 of the Nigerian Constitution. This section empowers INEC to revoke the registration of any political party that fails to secure at least one elective position or obtain 25 percent of the votes in federal, state, or local government elections during the previous electoral cycle.
The parties ordered to be deregistered include the ADC, Accord, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP). The lawsuit was initiated by the National Forum of Former Legislators, which named INEC, the Attorney-General of the Federation, and the five political parties as defendants.
Implications for Upcoming Elections
If immediately enforced, this judgment could trigger widespread disqualifications of candidates contesting in the 2027 general elections and the off-cycle governorship elections scheduled for June and August this year in Ekiti and Osun states. Notable political figures potentially affected include former Vice President Atiku Abubakar, who recently emerged as the ADC presidential candidate, and Osun State Governor Ademola Adeleke, who plans to seek reelection under the Accord party in the August governorship poll.
Plaintiffs' Arguments
The plaintiffs argued that the five parties no longer meet the constitutional threshold for continued existence as registered political entities. They relied on Section 225(a) of the Constitution and provisions of the Electoral Act, asserting that the parties failed to win elective seats or achieve the minimum vote requirements in previous elections. The plaintiffs sought a court order compelling INEC to remove these parties from its register and bar them from participating in future elections.
Attorney-General's Support
The Attorney-General of the Federation, Lateef Fagbemi, who was joined as a defendant, endorsed the suit and its prayers. His office supported the deregistration call, arguing that it would help sanitize the political landscape.
Court's Decision and Orders
Justice Lifu ruled that the plaintiffs' case partially succeeded. He ordered the deregistration of the five parties and declared them ineligible to participate in the 2027 general elections or any other polls scheduled by INEC. The judge directed INEC to take immediate steps to remove the affected parties from its register and to activate all necessary mechanisms for the deregistration. He also restrained the commission from accepting any correspondence from these parties and instructed INEC to exercise its constitutional and statutory powers to deregister any party failing to meet legal thresholds.
Defendants' Objections Dismissed
INEC and the affected parties had sought dismissal of the suit, arguing that the plaintiff lacked legal standing. However, Justice Lifu dismissed these preliminary objections. He noted that the provisions of Section 225(a) are unambiguous and must be given literal interpretation. The judge emphasized that the proliferation of political parties without purposeful intent to promote democratic ideals should be discouraged, and any tendency to exploit uninformed voters must be frowned upon.
Appeal Court Order Ignored
Before delivering judgment, the respondents drew the court's attention to a Court of Appeal order issued on May 22, directing a stay of proceedings pending the determination of an interlocutory appeal by the Accord Party. The appellate court had ordered the trial court to halt further proceedings. However, Justice Lifu proceeded with the judgment, stating that no stay order had been served on the court before the adoption of final written addresses. He held that the law does not recognize the arrest of judgment after a case has been fixed for delivery, and that litigants cannot prevent a court from delivering its judgment under any guise.
Legal Representation
The plaintiffs were represented by a team led by Yakubu Ruba, SAN. INEC opposed the suit, describing the plaintiff as a busybody lacking legal standing. The Attorney-General, represented by Professor Joshua Olatoke, SAN, supported the deregistration. Musibau Adetunmbi and Shuaib Aruwa, SANs, argued for Accord and ADC respectively, urging the court to dismiss the suit as frivolous and baseless.
