A Federal High Court in Abuja has scheduled a hearing for February 24 in a suit seeking to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and some other political parties for their alleged violations of constitutional provisions governing party registration and continued existence.
The plaintiff in the suit, the incorporated trustees of the National Forum of Former Legislators (NFFL), also prayed INEC to deregister the Accord (A), the Zenith Labour Party (ZLP), and the Action Alliance Party (AAP).
Listed as defendants in the suit are: INEC, the Attorney-General of the Federation (AGF), and the five political parties.
The case could not be heard yesterday because the judge was not available.
This prompted the court’s registrar to choose the February 24 date with the agreement of the lawyers to the parties.
The plaintiff’s lawyer, Yakubu Ruba (SAN), said the suit is seeking a judicial interpretation of specific constitutional and statutory provisions on the registration and continued recognition of some political parties in Nigeria.
Ruba said his client contends that some of the defendant political parties allegedly failed to comply with constitutional requirements, thereby necessitating the court’s intervention.
“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.
According to court documents, the suit was initiated 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 dispute is whether or not 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 these 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 or not the affected parties are still eligible to be recognised as legally registered political parties, and whether or not INEC can lawfully acknowledge or give effect to their political activities, such as congresses, primaries, campaigns, and participation in the 2027 general election, 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 plaintiffs are 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 till February 24 for further proceedings.
In a supporting affidavit deposed to by the Chairman, Board of Trustees and National Coordinator of the NFFL, Igbokwe Nnanna, 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).
It states 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 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 (FCT).
It added 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 election, 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.
The NFFL, which described the case as a public interest matter, urged the court to compel INEC to enforce constitutional compliance by deregistering political parties that have failed to meet the stipulated thresholds, to deepen democracy and uphold the rule of law ahead of future elections.