Five political parties accused of being in gross breach of the 1999 Constitution will today, Friday, at the Federal High Court in Abuja have their fates decided on whether they would be eligible to participate in the 2027 general elections or not.
The legality of their existence as registered and recognized political parties by the Independent National Electoral Commission (INEC) will be decided in a make or mar judgment billed to be handed down by Justice Peter Odo Lifu.
The parties facing deregistration legal battle instituted against them by a group of former lawmakers in the country are the David Mark-led African Democratic Congress (ADC), Action People’s Party (APP), Accord Party, (AP) Zenith Labour Party, (ZLP) and the Action Alliance Party, (AAP).
A civil society group, the Incorporated Trustees of the National Forum of Former Legislators (NFFL) dragged the Independent National Electoral Commission, INEC, before the court praying for an order to compel it to deregister the five parties and prohibit them from participating in political activities in the country.
The group predicated its opposition against the existence of the parties on the alleged violations of the 1999 Constitutional provisions guiding party registration, recognition and existence.
Incidentally, the Attorney-General of the Federation, (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, though, a defendant in the suit, opted to support those seeking deregistration of the parties.
He engaged a Professor of Law and Senior Advocate of Nigeria (SAN), Joshua Olukayode Olatoke to canvass for prohibition of the parties out of existence.
INEC however, countered the suit in its defense, describing the plaintiff as a busy body that lacked locus standi (legal right) to file the suit and asked the court to dismiss it for being unmeritorious.
The suit, marked FHC/ABJ/CS/2637/25, was targeted against INEC, AGF as the two defendants but by extension, the five political parties.
The originating summons was pursuant to Section 225 (A) of the 1999 Constitution (as amended), Section 75 (4) of the Electoral Act, 2022, and applicable provisions of the Federal High Court (Civil Procedure) Rules, 2019.
At the heart of the reliefs being sought is whether INEC is constitutionally bound to deregister political parties that failed to meet the minimum electoral performance thresholds prescribed by law.
These include securing at least 25 per cent of votes cast in one state in a presidential election, winning a local government area in a governorship election, or clinching at least one seat in elections ranging from Councillorship to the National Assembly.
The plaintiff is asking the court to determine whether INEC is empowered, or indeed obligated to enforce the thresholds against the affected parties, which allegedly failed to win any ward, legislative seat, or elective office in previous elections.
Other issues for determination include whether the affected parties are still eligible to be recognised as legally registered political parties, and whether INEC can lawfully acknowledge or give effect to their political activities, such as congresses, primaries, campaigns, and participation in the 2027 general elections, without strict compliance with Section 225 (A) of the Constitution.
Among the reliefs sought are declaratory orders affirming that INEC is duty-bound to enforce constitutional benchmarks as a precondition for party registration and participation in elections, as well as orders compelling the electoral body to deregister the affected parties.
The plaintiff is also seeking mandatory and perpetual order of injunctions restraining INEC from recognising, accepting, or giving effect to any political activities or correspondence from the parties unless and until they fully comply with constitutional and statutory requirements.
In an affidavit in support of an originating summons deposed to by Hon. Igbokwe Raphael Nnanna, Chairman, Board of Trustees and National Coordinator of the NFFL, the group accused INEC of neglecting its constitutional duty by continuing to recognise political parties that have failed to meet the minimum performance thresholds prescribed by the 1999 Constitution (as amended).
According to the affidavit, the affected parties have, since their registration, failed to win a single elective seat at any level of government, including presidential, governorship, National Assembly, state assembly, chairmanship or council elections.
The plaintiff further claimed that the parties did not secure the constitutionally required 25 per cent of votes in at least one state in presidential elections, nor any representation across the country’s 8,809 wards, 774 local government areas, 36 states and the Federal Capital Territory.
Hon. Nnanna averred that despite these “total electoral failures,” INEC has continued to accord the parties full recognition, an action the group described as unconstitutional and contrary to the Electoral Act 2022 and INEC’s Regulations and Guidelines for Political Parties, 2022.
The plaintiff warned that unless restrained by the court, INEC may unlawfully permit the affected parties to participate in the 2027 general elections, thereby “clogging the ballot papers, overstretching administrative resources and misleading voters.”
The former lawmakers argued that the continued existence of non-performing parties undermines political sanity, electoral integrity and genuine competition, while also resulting in wastage of public funds.
Describing the action as a public interest suit, the NFFL urged the court to compel INEC to enforce constitutional compliance by deregistering political parties that have failed to meet the stipulated thresholds, in order to deepen democracy and uphold the rule of law ahead of future elections.
Yakubu Abdullahi Ruba, a Senior Advocate of Nigeria, SAN supported by Barrister Gbenga Makanjuola argued for the former lawmakers during proceedings asking that the five political parties be proscribed out of existence.
However, Musibau Adetunmibi, a Senior Advocate of Nigeria SAN and Attah Eneojo Aruwa SAN argued for the Accord Party and African Democratic Congress respectively in urging the Court to dismiss the suit of the plaintiff for being frivolous, baseless and unwarranted.