By Adesakin Adefemi
The Federal High Court in Abuja has directed the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties for failing to meet constitutional performance thresholds. The order was contained in a judgment delivered by Justice Peter Lifu.
The other parties affected by the ruling are the Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party. The suit was instituted by the National Forum of Former Legislators under case number FHC/ABJ/CS/2637/2026.
The plaintiffs asked the court to determine whether INEC has a constitutional obligation to remove parties that fail to meet the electoral performance requirements in Section 225A of the 1999 Constitution as amended. They argued that the Electoral Act 2022 and INEC’s regulations reinforce that obligation.
According to the former legislators, the five parties persistently failed to meet the benchmarks required to retain registration. The requirements include securing at least 25 percent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.
They told the court that the ADC and the four other defendants performed poorly in the 2023 general elections and subsequent by-elections. The litigants said the parties failed to win seats across key tiers of government, making their continued existence unlawful and detrimental to the integrity of the electoral system.
The plaintiffs urged the court to declare that INEC is duty bound to deregister such parties. They also asked the court to compel the commission to deregister the five parties before preparations for the 2027 elections advance further.
Beyond declaratory reliefs, the former legislators sought an order restraining the affected parties from participating in general elections or engaging in political activities such as campaigns, rallies and primaries. They also asked for an injunction barring INEC from recognising or dealing with the parties unless they comply with constitutional provisions.
The judgment could have significant implications for the 2027 elections. The ADC was recently in the news after confirming former Vice President Atiku Abubakar and former Minister Rotimi Amaechi as its presidential and vice-presidential candidates.
With the court ordering INEC to deregister the ADC and the other four parties, the electoral commission will now have to decide on the next steps before the commencement of activities for the 2027 polls.
