‘You Acted Unlawfully’ – Court Orders INEC To Register New Political Party

The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to reinstate the registration process of Access Party (AP) and issue the party an access code to enable it complete its registration as a political party in Nigeria.

Naija News understands that Justice Obiora Atuegwu Egwuatu gave the order on Wednesday while delivering judgment in a suit filed against INEC by Dr Audu Bulama-Bukarti and Mevon Samuel on behalf of members of the proposed party.

The plaintiffs had dragged the electoral body to court after INEC discontinued the registration process of Access Party over its proposed logo.

INEC had, in a letter dated September 2025, said the proposed logo of the Access Party was unsuitable and similar to that of the Democratic Leadership Party (DLP), an unregistered political association.

The logo was described as a detailed head of an animated eagle with “Access Party” inscribed across it.

However, Justice Egwuatu held that INEC acted unlawfully when it discontinued the party’s registration process over the alleged unsuitability of the logo.

The court declared INEC’s letter ultra vires, unlawful and inconsistent with Sections 40, 222 and 224 of the 1999 Constitution, as amended, and Section 79 of the Electoral Act, 2022.

The court further declared that the proposed logo of Access Party was distinct, suitable and compliant with the relevant constitutional and statutory provisions.

It held that the logo did not contravene any legal requirement for the registration of a political party.

On administrative fairness, the court ruled that INEC’s reliance on the logo of the DLP, an unregistered association, as a basis for stopping the plaintiffs’ registration was arbitrary, unreasonable and a violation of the principles of natural justice.

The court subsequently quashed INEC’s letter, declaring it null, void and ultra vires.

Justice Egwuatu ordered INEC to reinstate the registration process of Access Party and issue the required access code to enable the party download, fill and submit Form EC 15A(1).

The court also directed that the party be allowed to submit accompanying documents, including its constitution, manifesto, membership register and minutes of the meeting for the election of its National Executive Committee.

Reacting to the judgment, the pro tem National Chairman of Access Party and first plaintiff in the suit, Bulama-Bukarti, described the decision as a victory for Nigeria’s democratic order.

“Today’s judgment is a victory not just for Access Party, but for every Nigerian who believes that the right to form and belong to a political party is a fundamental constitutional right that cannot be arbitrarily extinguished by any government agency,” he said.

“INEC is a creation of the Constitution and must operate within its boundaries. The court has affirmed that no bureaucratic irregularity can be used as a tool to suppress political participation. We are gratified, and we look forward to taking our place in Nigeria’s political arena.”

He urged INEC to comply with the court order without delay, saying the 2027 general elections were fast approaching.

“I urge INEC to respect the decision of this court and act on it immediately. The 2027 elections are around the corner, and every day of delay is a day stolen from millions of Nigerians who wish to participate in the democratic process through Access Party,” he added.

“INEC must issue our Access Code promptly and expedite all remaining processes so that we can complete our registration and take our rightful place in the 2027 general elections. We will be watching, and so will the Nigerian public.”

Lead counsel for the plaintiffs, Jude Akpevweoghene-Daniel, said the judgment had clearly defined the limits of INEC’s administrative discretion.

“The court has sent an unambiguous message: administrative bodies in Nigeria must act lawfully, fairly and within the confines of enabling statutes,” Daniel said.

“INEC cannot invent extra-legal tests to block the registration of a political association that has fulfilled every constitutional and statutory requirement. This is a victory for the rule of law, and we are proud to have secured it for our clients and for Nigerian democracy.”