Lack of presiding judge delays ruling in lawsuit aiming to revoke registration of ADC and four other parties

The Federal High Court in Abuja has put off its verdict on a lawsuit seeking to force the Independent National Electoral Commission (INEC) to revoke the registration of the African Democratic Congress (ADC) and four other political parties, including the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

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The court's decision to postpone the judgment, initially scheduled for Friday, was due to the unavailability of Justice Peter Lifu, who was away from the jurisdiction, prompting an official to inform the parties that a new judgment date would be communicated to them.

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In the lawsuit, marked FHC/ABJ/CS/2637/2026, the National Forum of Former Legislators is asking the court to determine if INEC is constitutionally required to remove parties that fail to meet the electoral performance thresholds outlined in Section 225A of the 1999 Constitution, as reinforced by the Electoral Act 2022 and INEC's regulations.

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The plaintiff contends that the five defendant parties have consistently failed to meet the constitutional requirements to retain their registration, which include securing at least 25 per cent of votes in a state during a presidential election or winning an elective seat at the national, state, or local government level.

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The former legislators pointed out that the ADC and the other four parties performed poorly in the 2023 general elections and subsequent by-elections conducted by INEC, failing to win seats across key tiers of government, rendering their continued existence as recognized parties unlawful and undermining the country's electoral system.

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The plaintiff is seeking several reliefs, including a declaration that INEC is obligated to deregister such parties and an order compelling the commission to deregister the five parties before the 2027 elections preparations advance further.

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The National Forum of Former Legislators also wants the court to restrain the five affected parties from participating in general elections or engaging in political activities, such as campaigns, rallies, and primaries, and to issue an injunction preventing INEC from recognizing or dealing with the parties unless they comply with constitutional provisions.

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Justice Lifu had set the matter for judgment after the parties submitted their final briefs of argument, with the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supporting the plaintiff's position.

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Prince Lateef Fagbemi argued that the continued existence of the said parties violates the 1999 Constitution and undermines the nation's electoral integrity, emphasizing that INEC would continue to breach its constitutional duty by retaining non-performing parties unless the court intervenes.

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The AGF, in an affidavit filed through a team of lawyers led by Prof. Joshua Olatoke, SAN, stressed 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 laws governing elections.

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According to the AGF, the continued existence of non-performing parties would inflate ballots, burden public funds, complicate election administration, and undermine the constitutional intention behind Section 225A of the 1999 Constitution.

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The AGF urged the court to grant all the reliefs sought in the lawsuit, arguing that doing so would be in the interest of justice, as any failure to deregister the parties would constitute a continuing breach of constitutional duty.

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