Bolatito Mercy
The Federal High Court in Abuja has ordered the Independent National Electoral Commission to de-register the African Democratic Congress and four other political parties for failing to meet constitutional performance benchmarks. Justice Peter Lifu delivered the judgment in suit FHC/ABJ/CS/2637/2026, directing INEC to strike out the ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party from its register of recognized parties. The ruling followed months of legal arguments that began in February 2026 and culminated in the court’s decision on June 15, 2026.
The case was filed by the Incorporated Trustees of the National Forum of Former Legislators against INEC, the Attorney-General of the Federation, and the five parties. The plaintiffs asked the court to determine whether INEC has a constitutional obligation to remove parties that fail to meet electoral thresholds set out in Section 225A of the 1999 Constitution, as reinforced by the Electoral Act 2022 and INEC regulations. They argued that the five defendants had “persistently failed to meet the constitutional benchmarks required to retain their registration”.
Section 225A empowers INEC to deregister a political party that fails to win at least 25 per cent of votes in one state during a presidential election, or fails to secure at least one elective seat at the national, state, or local government level. The former legislators told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and the August 2025 by-elections conducted by INEC, failing to win seats across key tiers of government. They said the parties did not secure 25 percent of the vote in any state in the last presidential election.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, aligned with the plaintiffs and urged the court to compel INEC to act. In filings submitted on April 23, 2026, the AGF argued that “the 1st Defendant has no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under section 225A of the Constitution”. He said the continued recognition of the parties violates the Constitution and undermines electoral integrity, adding that INEC’s failure to deregister them constitutes a “continuing breach of constitutional duty”.
Justice Lifu had earlier fixed March 24, 2026, to rule on joinder applications and preliminary objections after dramatic courtroom scenes in February, when two lawyers claimed to represent Action Alliance with separate letters of instruction. The court also adjourned proceedings in May 2026 to rule on fresh applications seeking a stay pending appeal. Counsel for Accord, Musibau Adetunbi, SAN, had argued that the trial court should not continue when related issues were before the Court of Appeal.
The judgment reinforces INEC’s 2020 deregistration of 74 parties for failing to meet Section 225A criteria, a decision upheld by the Supreme Court in March 2022. The National Forum of Former Legislators contended that allowing non-performing parties to remain registered creates ballot clutter and weakens the party system. Their affidavit, deposed by Chairman Igbokwe Raphael Nnanna, accused INEC of neglecting its duty by continuing to recognize parties that have not won any elective office since registration.
INEC is now bound by the order to de-register the ADC, APP, AA, Accord, and ZLP. The ruling does not affect the parties’ right to reapply for registration if they meet INEC’s conditions under the law. The ADC was previously reported in May 2026 to be in discussions with former President Goodluck Jonathan regarding a potential 2027 presidential candidacy, and Vanguard noted a May 2026 claim that the ADC had confirmed former Minister Rotimi Amaechi as Atiku Abubakar’s running mate. The court’s decision removes the ADC from the ballot ahead of the 2027 polls unless overturned on appeal.
The de-registration comes as Nigeria’s political landscape shifts toward 2027. The AGF said granting the reliefs would be “in the interest of justice” and ensure compliance with the Constitution and Electoral Act. INEC has not yet issued a statement on when it will implement the order, but the judgment directs immediate action. The plaintiffs insisted that the continued existence of the five parties as recognized entities is unlawful and undermines the integrity of the country’s electoral system.
