Former legislators push for changes to lawsuit challenging parties' removal from registry

The Incorporated Trustees of the National Forum of Former Legislators have submitted an application to the Federal High Court in Abuja, seeking permission to amend their originating summons in a case aimed at deregistering certain political parties due to alleged breaches of the constitution. This case specifically targets the African Democratic Congress, Accord Party, Zenith Labour Party, and Action Alliance.

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During the resumed hearing on Tuesday, the plaintiffs' counsel, Yakubu Ruba, a Senior Advocate of Nigeria, requested that the court grant the application, enabling the claimants to formally include other parties that allegedly violated Section 225 of the 1999 Constitution.

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Ruba argued that properly bringing the affected parties before the court was necessary to ensure that any eventual judgment would be enforceable, and he urged the court to invoke Order 7 Rule 6 of the Federal High Court Civil Procedure Rules in the interest of justice.

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However, the African Democratic Congress opposed the application, with its counsel, Shuaibu Aruwa, also a Senior Advocate of Nigeria, describing it as incompetent and liable to dismissal.

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Aruwa pointed out inconsistencies in the plaintiff's identity, noting that the initial originating summons filed on December 8, 2025, was in the name of the "National Forum of Former Legislators," while a subsequent one filed on January 12, 2026, was in the name of the "Incorporated Trustees of National Forum of Former Legislators."

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According to Aruwa, this discrepancy was fundamental and rendered the application defective, and he further argued that the plaintiffs had unilaterally joined additional defendants without first obtaining the court's leave, contrary to Order 9 Rule 15 of the rules.

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Aruwa urged the court to dismiss the application with substantial costs, a position also taken by the counsel for the Accord Party, Musibau Adetunbi, who argued that the defect in the plaintiff's identity was incurable.

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After hearing arguments from all parties, Justice Peter Lifu adjourned the case until April 17 for a ruling on the application.

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The case, marked FHC/ABJ/CS/2637/25, was instituted against the Independent National Electoral Commission and the Attorney-General of the Federation, alongside the affected political parties.

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The plaintiffs are seeking orders compelling INEC to deregister parties that allegedly failed to meet constitutional requirements, including securing at least 25 per cent of votes in a state during presidential elections or winning elective seats.

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They also seek injunctions restraining INEC from recognising the political activities of the affected parties, arguing that allowing such parties to participate in the 2027 general elections would overcrowd ballot papers, waste public resources, and undermine electoral integrity.