A Federal High Court in Abuja has ordered the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties. The ruling, delivered on Monday by Justice Peter Lifu, marks one of the most consequential pre-election court decisions of the year.
The ADC deregistration order also covers the Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party. Justice Lifu directed INEC to remove all five parties from the national register and barred them from fielding candidates in the 2027 general election.
How the case started
The suit was filed by the Incorporated Trustees of the National Forum of Former Legislators. It was marked FHC/ABJ/CS/2637/2026. INEC and the Attorney General of the Federation were listed as defendants.
The plaintiffs argued that the five parties performed poorly in the 2023 general election and in subsequent by-elections. They told the court that none of the parties won a seat across the federal, state or local government levels.
According to the National Forum of Former Legislators, the continued existence of these parties as registered political bodies undermines the integrity of Nigeria’s electoral system. The group asked the court to declare that INEC has a constitutional duty to deregister any party that fails to meet performance thresholds.
In delivering judgment, Justice Lifu agreed with the plaintiffs. He held that the five parties failed to satisfy the minimum threshold set out in Section 225A of the 1999 Constitution as amended.
What the law says
Section 225A requires a political party to win at least one seat in the National Assembly or a state assembly, or to secure 25 per cent of the votes cast in a state during a general election, in order to retain its registration.
The Federal High Court ruling treats this provision as mandatory rather than discretionary. That interpretation removes any room for INEC to delay or avoid the ADC deregistration process once the judgment takes legal effect.
The judgment comes at a sensitive time. Former Vice President Atiku Abubakar recently emerged as the ADC presidential candidate. Osun State Governor Ademola Adeleke is also seeking re-election in August on the Accord Party platform. Both men now face uncertainty over the platforms they intend to use.
The court’s interpretation means the ADC deregistration decision is tied directly to constitutional performance requirements rather than administrative discretion.
What ADC deregistration would mean
If the order is implemented, the affected parties would lose their legal standing as recognised political platforms. They would no longer be able to present candidates for off-cycle elections, local government polls or the 2027 general election under their current names.
For supporters and candidates, the ADC deregistration ruling creates immediate uncertainty about future political participation and electoral strategy.
Officials from the affected parties would also be required to wind down national and state secretariats. Politicians holding positions under these party flags would face pressure to defect to larger parties such as the All Progressives Congress, the Peoples Democratic Party or the Labour Party.
Why INEC may not act immediately
Despite the strength of the Federal High Court ruling, INEC is unlikely to act on the ADC deregistration order straight away. The commission’s legal department typically waits for a Certified True Copy of a judgment before taking administrative action, rather than relying on media reports.
INEC’s caution is rooted in past experience. The commission deregistered 74 political parties in 2020. That decision triggered a wave of litigation that eventually reached the Supreme Court in the case of INEC versus ACD and Others. The commission is expected to want firm legal footing before striking any party from the register this time.
It is also worth noting that INEC has previously resisted attempts to deregister the ADC. In May, the commission opposed a separate application seeking the party’s removal from the register, telling the court that its power to deregister parties is governed strictly by law and is not subject to political pressure.
An appeal is widely expected
Legal teams for the ADC, Accord Party and the other affected parties are expected to challenge the ADC deregistration ruling at the Court of Appeal. A motion seeking a stay of execution is also likely to accompany any appeal.
Legal observers view the ADC deregistration dispute as a landmark case on the limits of INEC’s powers and the constitutional status of political parties.
Should the Court of Appeal grant a stay, the five parties would continue operating normally while the higher court examines whether Justice Lifu correctly interpreted Section 225A.
Given the scale of the political interests involved, including a former Vice President and a sitting governor, the matter is widely expected to proceed to the Supreme Court for a final ruling before the 2027 ballot papers are printed.
