“Failure To Meet Constitutional Threshold” — Court Orders INEC To Deregister ADC, APP, AA, Accord Party, ZLP Ahead Of 2027 Elections

The Federal High Court in Abuja has ordered the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties over their alleged failure to meet the constitutional requirements for continued registration.

The other parties affected by the judgment are the Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.

Justice Peter Lifu gave the order in a judgment delivered in a suit marked FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators.

The plaintiff had asked the court to determine whether INEC has a constitutional duty to deregister political parties that fail to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022 and INEC regulations.

The former legislators argued that the five political parties had persistently failed to meet the constitutional benchmarks required to retain their registration as political parties in Nigeria.

According to the plaintiff, the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state or local government level.

The plaintiff told the court that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections conducted by INEC.

It argued that the parties failed to win seats across key tiers of government and therefore no longer qualified to remain registered political parties under the Constitution.

The litigants maintained that the continued recognition of the affected parties as political parties was unlawful and capable of undermining the integrity of Nigeria’s electoral system.

They urged the court to declare that INEC was duty-bound to deregister political parties that fail to satisfy the constitutional performance requirements.

They also asked the court to compel the electoral body to deregister the parties before preparations for the 2027 general elections advance further.

Beyond the declaratory reliefs, the plaintiff sought an order restraining the five affected political parties from participating in general elections or engaging in political activities, including campaigns, rallies and primaries.

It also asked the court to restrain INEC from recognising or dealing with the parties in any official capacity unless and until they comply strictly with constitutional provisions.

The judgment may affect the political plans of candidates seeking to contest the 2027 general elections on the platforms of the affected parties, including former Vice President Atiku Abubakar, who has been linked with the ADC ahead of the presidential poll.

Similarly, Osun State Governor Ademola Adeleke, who is billed to seek re-election in the August 15 governorship election on the platform of the Accord Party, has been kicked out of the race.

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