February 16, (THEWILL) — The Independent National Electoral Commission (INEC) is set for a major legal test as the Federal High Court has fixed February 24 to begin hearing a suit seeking an order compelling the electoral body to deregister the African Democratic Congress (ADC) and three other political parties over alleged failure to meet constitutional and statutory electoral performance thresholds.
The suit, marked FHC/ABJ/CS/2637/25, was instituted by the Incorporated Trustees of the National Forum of Former Legislators (NFFL).
Also listed for deregistration are the Accord Party, Zenith Labour Party and Action Alliance, which the plaintiff said have failed to record any meaningful electoral success since their registration.
INEC and the Attorney-General of the Federation were joined as defendants in the action, which is anchored on Section 225(A) of the 1999 Constitution (as amended) and Section 75(4) of the Electoral Act, 2022.
The plaintiff argued that the affected parties failed to meet statutory benchmarks, including securing at least 25 percent of votes cast in one state during a presidential election, winning a local government area in a governorship election, or clinching at least one elective seat from councillorship to the National Assembly.
In the reliefs sought, the plaintiff urged the court to determine whether INEC is empowered or obligated to enforce these benchmarks against political parties that failed to meet the required minimum electoral performance. It also asked the court to decide whether the parties remain eligible for recognition and participation in political activities such as congresses, primaries and campaigns ahead of the 2027 general elections.
The plaintiff further prayed the court to declare that INEC is duty-bound to enforce constitutional benchmarks as a condition for party registration and continued participation in elections. It also sought orders compelling the deregistration of the affected parties, alongside mandatory and perpetual injunctions restraining INEC from recognising or giving effect to any political activities or correspondence from them unless they fully comply with constitutional and statutory provisions.
In an affidavit attached in support of the suit, deposed to by Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the NFFL, the plaintiff accused INEC of neglecting its constitutional duty by continuing to recognise the parties despite their alleged failure to win any elective seat at all levels of government.
The affidavit further claimed that the parties neither secured the constitutionally required 25 percent of votes in at least one state in presidential elections nor won representation across the country’s wards, local government areas, states and the Federal Capital Territory.
The plaintiff warned that unless restrained by the court, INEC may permit the affected parties to participate in the 2027 general elections, a development it said could clog the ballot, overstretch administrative resources and mislead voters. It maintained that the suit was filed in the public interest to enforce constitutional compliance, deepen democratic practice and uphold the rule of law.
The case has been assigned to Justice Peter Lifu for adjudication.
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