Judge’s absence delays decision in case to deregister ADC and four others

By Ikechukwu Nnochiri

The Federal High Court in Abuja has postponed its judgment on a case that seeks to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The parties targeted for deregistration are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The court had scheduled the judgment for Friday, but proceedings could not take place because Justice Peter Lifu was absent, reportedly outside the court’s jurisdiction.

A court official informed the parties that a new judgment date would be communicated.

The suit, registered as FHC/ABJ/CS/2637/2026, was brought by the National Forum of Former Legislators. It asks the court to determine whether INEC is constitutionally required to remove parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC’s regulations.

The plaintiffs argue that the five defendants have consistently failed to meet the constitutional benchmarks needed to retain their registration.

They note that the requirements include winning at least 25 per cent of the vote in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

The former legislators claim that the ADC and the four other parties performed poorly in both the 2023 general elections and the by‑elections conducted by INEC, thereby failing to win seats at key tiers of government.

They contend that allowing the ADC and the other defendants to remain registered is unlawful and undermines the integrity of Nigeria’s electoral system.

Among the reliefs sought, the plaintiffs ask the court to declare that INEC is duty‑bound to deregister such parties and to compel the commission to do so before preparations for the 2027 elections advance further.

The plaintiffs also seek to restrain the five affected parties from participating in general elections or engaging in political activities such as campaigns, rallies, and primaries, and to obtain an injunction preventing INEC from recognising or dealing with the parties in any official capacity unless they comply with constitutional provisions.

Justice Lifu had set the case for judgment after the parties filed their final briefs of argument.

Prince Lateef Fagbemi, SAN, Attorney General of the Federation and Minister of Justice, who is also a defendant, supported the plaintiffs’ position.

In his submissions, the AGF argued that the continued existence of the parties violates provisions of the 1999 Constitution (as amended) and undermines the nation’s electoral integrity. He warned that, unless the court intervenes, INEC would continue to breach its constitutional duty by retaining parties that have failed to meet the minimum requirements prescribed by law.

The AGF, through a team of lawyers led by Prof. Joshua Olatoke, SAN, maintained that as the chief law officer of the federation he is duty‑bound to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other election laws.

He stated: “The 1st Defendant has no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under Section 225A of the Constitution. The continued existence of non‑performing political parties will inflate the ballots, burden public funds, complicate election administration, and undermine the constitutional intention behind Section 225A of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Any failure or refusal of the 1st Defendant to deregister the 3rd to 7th Defendants as political parties constitutes a continuing breach of constitutional duty, capable of being challenged by way of public interest litigation. Unless this Honourable Court intervenes, the 1st Defendant (INEC) will continue to act in breach of its constitutional duty to deregister the 3rd to 7th Defendants — parties that have failed to meet the constitutional threshold — as the right to associate as a political party under the Constitution is not absolute.”

He urged the court to grant all the reliefs contained in the suit, insisting that doing so would be in the interest of justice.

INEC, represented by its lawyer Mr. Haliru Mohammed, challenged the competence of the suit and urged the court to dismiss it.

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