BREAKING: INEC to deregister ADC, Accord, others over constitutional breaches

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The Incorporated Trustees of the National Forum of Former Legislators, a civil group, has taken legal action against the Independent National Electoral Commission (INEC) in the Federal High Court in Abuja. They are seeking a court order to require the electoral commission to deregister five political parties in Nigeria.

The group based its request on the premise that the political parties involved have been breaching Constitutional provisions related to party registration throughout their existence.

The lawsuit, with the Attorney-General of the Federation (AGF) and Minister of Justice as defendants, aims to seek the deregistration of the African Democratic Congress (ADC) led by David Mark, as well as the Accord Party, Zenith Labour Party (ZLP), and Action Alliance Party (AAP).

The case with the designation FHC/ABJ/CS/2637/25 was scheduled to be heard this Monday, but it was postponed to February 24 because Justice Peter Lifu was not present in court.

Yakubu Abdullahi Ruba, a Senior Advocate of Nigeria (SAN) and counsel for the group, informed newsmen that the lawsuit aims to obtain a judicial interpretation of certain constitutional and statutory provisions concerning the registration and ongoing recognition of political parties in Nigeria.

He states that the plaintiffs argue that certain political parties among the defendants have purportedly not met constitutional requirements, which makes court intervention necessary.

“We are before this 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.

As detailed in court documents, the lawsuit was initiated by originating summons under 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.

The core issue of the requested reliefs is whether INEC has a constitutional obligation to deregister political parties that did not achieve the minimum electoral performance thresholds mandated by law.

“These encompass obtaining a minimum of 25 percent of the votes cast in one state during a presidential election, winning a local government area in a gubernatorial election, or securing at least one position in elections from Councillorship to the National Assembly.

The plaintiff requests the court to ascertain if INEC has the authority or even the duty to apply the thresholds against parties that purportedly did not secure any ward, legislative seat, or elective office in past elections.

Other matters to be resolved involve the question of whether the parties involved still qualify for recognition as legally registered political parties, and whether INEC is permitted to acknowledge or facilitate their political activities—including congresses, primaries, campaigning, and involvement in the 2027 general elections—without adhering strictly to Section 225(A) of the Constitution.

Included in the sought reliefs are declaratory orders that affirm INEC’s obligation to enforce constitutional benchmarks as a prerequisite for party registration and electoral participation, as well as orders compelling the electoral body to deregister the affected parties.

The plaintiff is additionally pursuing mandatory and ongoing injunctions to prevent INEC from acknowledging, accepting, or acting on any political activities or communications from the parties until they have completely adhered to constitutional and statutory requirements.

The matter was adjourned by Justice Lifu to February 24, 2026, for further proceedings.

Hon. Igbokwe Raphael Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, provided an affidavit supporting an originating summons in which the group alleged that INEC is neglecting its constitutional responsibilities by continuing to recognize political parties that do not meet the minimum performance thresholds set by the 1999 Constitution (as amended).

The affidavit states that the affected parties have not secured a single elective position at any level of government, including presidential, gubernatorial, National Assembly, state assembly, chairperson, or council elections, since their registration.

The plaintiff also asserted that the parties failed to obtain the constitutionally mandated 25 percent of votes in at least one state during presidential elections, as well as any representation across the nation’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.

The Hon. Nnanna stated that INEC has continued to give full recognition to the parties despite these “total electoral failures,” a move the group deemed unconstitutional and in violation of the Electoral Act 2022 and INEC’s Regulations and Guidelines for Political Parties, 2022.

The plaintiff cautioned that without court intervention, INEC might unlawfully allow the affected parties to take part in the 2027 general elections, which could result in “clogging the ballot papers, overstretching administrative resources and misleading voters.”

The ex-legislators contended that the persistence of non-performing parties threatens political sanity, electoral integrity, and genuine competition, and leads to a squandering of public funds.

The NFFL characterized the action as a public interest suit and called on the court to mandate INEC to ensure constitutional adherence by deregistering political parties that have not met the specified thresholds, with the aim of strengthening democracy and maintaining the rule of law in preparation for upcoming elections.

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