Deregistration Order: Atiku, Mark, Adeleke, Fume Over Verdict, Vow To Be On Ballot

LAGOS — Leaders of African Democratic Congress, ADC; and Accord, yesterday picked holes in the ruling of a Federal High Court ordering the Independent National Electoral Commission, INEC, to de-register their parties and four other parties.

While ADC said the All Progressives Congress, APC-led Federal Government is playing with fire over alleged de-registration plot, its National Chairman, Senator David Mark, said the opposition party will be on the ballot in 2027, despite the verdict.

Also, Governor Ademola Adeleke of Osun State, the sole governor of Accord Party in the country said the judgment violated a Court of Appeal order.

This was as presidential candidate of African Action Congress, AAC, Omoyele Sowore, described the development as undemocratic and inconsistent with the principles of multi-party democracy.

Why court ordered INEC to deregister ADC, Accord, 3 others

The other parties the Abuja Federal High Court directed the electoral body to de-register are Action Peoples Party, APP; Action Alliance, AA; Accord;  and Zenith Labour Party, ZLP.

The order followed a judgment delivered by Justice Peter Lifu.

According to the court, the five political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.

It barred INEC from further according recognition to the parties, accepting nominations of their candidates, or giving effect to their activities for the purpose of participating in the 2027 general elections.

Moreover, Justice Lifu ordered the defendants to stop parading themselves as registered political parties in the country, and held that there is merit in a suit filed against them by the National Forum of Former Legislators, NFFL.

The group, in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

It was the position of the plaintiff that the five political parties listed as defendants in the matter had persistently failed to meet the constitutional benchmarks required to retain their registration.

The former legislators stressed that the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and by-elections conducted by INEC, thereby failing to win seats across key tiers of government.

The litigants insisted that the continued existence of the ADC and other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.

Reliefs

Among other reliefs, the plaintiff urged the court to declare that INEC is duty-bound to deregister such parties.

It further urged the court to compel the Commission to de-register the five political parties before preparations for the 2027 elections advance further.

Beyond declaratory reliefs, the plaintiff prayed the court to restrain the five affected parties from participating in general elections or engaging in political activities such as campaigns, rallies, and primaries.

It also sought a court injunction restraining INEC from recognising or dealing with the parties in any official capacity unless and until they strictly comply with constitutional provisions.

AGF’s backing

Remarkably, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is also a defendant in the matter, threw his weight behind the plaintiff.

In processes filed before the court, the AGF argued that the continued existence of the said political parties violated extant provisions of the 1999 Constitution (as amended) and ultimately undermined the nation’s electoral integrity.

According to him, unless the court intervenes, INEC will continue to act in breach of its constitutional duty by retaining parties that had failed to meet the minimum requirements prescribed by law.

The AGF, in an affidavit filed through a team of lawyers led by Prof. Joshua Olatoke, SAN, maintained that as the chief law officer of the federation, he was duty-bound to defend and uphold the constitution, including ensuring compliance with the Electoral Act and other laws governing elections in the country.