A Federal High Court in Abuja has fixed May 5, for definite hearing in a suit seeking to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and some other political parties over alleged violations of constitutional provisions governing party registration and continued existence.
Justice Peter Lifu chose the date on Monday after granting the plaintiff permission to amend the suit’s originating summons to formally include other political parties allegedly found to be in breach of constitutional provisions alongside the ADC.
The plaintiff in the suit, marked FHC/ABJ/CS/2637/25 – the incorporated trustees of the National Forum of Former Legislators (NFFL) – also want the court to compel INEC to deregister the Accord Party (AP), 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.
In a ruling on Monday, Justice Lifu directed parties that are yet to respond to the amended originating summons to do so promptly, pointing that the case is time-sensitive and of significant public importance.
Justice Lifu also noted that with party primaries approaching ahead of the 2027 general elections, there is the need for the case to be determined promptly.
The judge ordered all parties to file the necessary processes before May 1 and adjourned the matter until May 5 for hearing.
Among the reliefs sought in the substantive suit 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.
In a supporting affidavit deposed to by Igbokwe 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).
It stated 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.
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 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.
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, in order to deepen democracy and uphold the rule of law ahead of future elections.
Source: The Nation News