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Legal battle looms as group moves to strip ADC, others of party status before 2027 polls

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The Federal High Court in Abuja has fixed February 24 to commence hearing in a suit seeking to compel the Independent National Electoral Commission (INEC) to deregister four political parties, including the African Democratic Congress (ADC), amid shifting alignments ahead of the 2027 general elections.

The ADC has recently attracted a coalition of opposition figures positioning themselves against President Bola Tinubu’s anticipated re-election bid, a development that has heightened its political visibility.

Other parties affected by the suit are the Accord Party, Zenith Labour Party, and Action Alliance.

The case, marked FHC/ABJ/CS/2637/25, was instituted by the Incorporated Trustees of the National Forum of Former Legislators (NFFL). The plaintiff is asking the court to determine whether the listed parties have breached constitutional and statutory requirements by failing to meet minimum electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended) and Section 75(4) of the Electoral Act, 2022.

Both INEC and the Attorney-General of the Federation were joined as defendants.

Core Legal Arguments

The plaintiff contends that the affected parties failed to satisfy mandatory benchmarks required to retain registration as political parties. These include:

  • Securing at least 25 per cent of votes cast in one state in a presidential election;
  • Winning at least one local government area in a governorship election; or
  • Securing at least one elective seat, from councillorship to the National Assembly.

According to the originating processes and supporting affidavit deposed to by Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, the parties have not won any ward, legislative, or executive seat since their registration.

The affidavit further alleges that they failed to secure the constitutionally required 25 per cent of votes in at least one state in presidential elections and lack representation across Nigeria’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.

The plaintiff accused INEC of neglecting its constitutional duty by continuing to accord full recognition to the parties despite their alleged non-compliance with performance thresholds.

Reliefs Sought

The NFFL is asking the court to determine whether INEC is obligated to enforce the constitutional benchmarks as a precondition for continued registration and participation in elections.

Specifically, it seeks:

  • A declaration that INEC is duty-bound to apply Section 225A of the Constitution strictly;
  • An order compelling INEC to deregister the affected parties;
  • Mandatory and perpetual injunctions restraining INEC from recognising or giving effect to any political activities of the parties — including congresses, primaries, campaigns, and participation in the 2027 elections — unless and until they comply fully with constitutional and statutory requirements.

The plaintiff argued that allowing the parties to remain on the ballot despite alleged non-performance could overburden electoral administration, crowd ballot papers, and mislead voters.

It maintained that the suit was filed in the public interest to promote constitutional compliance, strengthen democratic accountability, and uphold the rule of law.

The matter has been assigned to Justice Peter Lifu for adjudication, setting the stage for a potentially far-reaching ruling that could reshape the political landscape ahead of the 2027 polls.

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