The Federal High Court in Abuja has scheduled February 24, 2026, to hear a suit challenging the continued registration of the African Democratic Congress (ADC) and four other political parties over alleged constitutional breaches.
The Incorporated Trustees of the National Forum of Former Legislators are asking the court to compel the Independent National Electoral Commission (INEC) to enforce constitutional performance thresholds against the affected parties.
Also joined in the suit are the Accord Party, Zenith Labour Party (ZLP), and Action Alliance (AAP), alongside the Attorney-General of the Federation.
The case, marked FHC/ABJ/CS/2637/25 and filed before Justice Peter Lifu, was initially listed for mention but could not proceed, prompting the adjournment.
Core legal question
At the heart of the dispute is whether INEC is constitutionally obligated to deregister political parties that fail to meet minimum electoral performance benchmarks under Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022.
The plaintiffs contend that some parties have neither secured the required 25 per cent of votes in at least one state in presidential elections nor won any seat from councillorship to the National Assembly. They argue that continued recognition of such parties amounts to a breach of constitutional provisions.
Counsel to the plaintiffs, Yakubu Abdullahi Ruba (SAN), described the action as one seeking judicial interpretation.
“We are asking the court to clarify the extent of INEC’s constitutional duty. If performance thresholds are prescribed by law, are they optional or mandatory?” he said.
Reliefs sought
The former lawmakers are seeking among others a declaration that INEC is duty-bound to enforce constitutional benchmarks for party survival, an order compelling the commission to deregister parties that failed to meet the thresholds, injunctions restraining INEC from recognising or giving effect to the parties’ activities — including congresses, primaries and participation in the 2027 general elections — pending compliance with constitutional requirements.
In an affidavit deposed to by Hon. Igbokwe Raphael Nnanna, the group alleged that despite what it described as “total electoral failure” by the affected parties, INEC has continued to grant them full recognition.
The plaintiffs warned that allowing allegedly non-performing parties to remain on the ballot could overstretch electoral logistics and undermine public confidence ahead of 2027.
The February 24 hearing is expected to test the scope of INEC’s powers — and obligations — in regulating Nigeria’s multi-party system. hearing is expected to test the scope of INEC’s powers — and obligations — in regulating Nigeria’s multi-party system.
Feb 24: Court to hear suit seeking ADC, others’ deregistration
