The Federal High Court in Abuja has scheduled February 24, 2026, to hear a lawsuit seeking to force the Independent National Electoral Commission to deregister the African Democratic Congress and several other political parties over alleged failure to meet constitutional performance thresholds.
The suit, filed by the Incorporated Trustees of the National Forum of Former Legislators, targets INEC, the Attorney-General of the Federation, and five political parties including the ADC, Accord Party, Zenith Labour Party, and Action Alliance.
The case, marked FHC/ABJ/CS/2637/25, was initially listed for mention on Monday, February 16, before Justice Peter Lifu but could not be heard. The court adjourned to February 24 for further proceedings.
Speaking to journalists after the stalled hearing, plaintiff’s counsel Yakubu Ruba, a Senior Advocate of Nigeria, said the suit was purely about constitutional interpretation.
“We are before the court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the Constitution, and we seek the court’s guidance on the relevant provisions,” Ruba said.
The case was filed under Section 225(A) of the 1999 Constitution as amended, Section 75(4) of the Electoral Act 2022, and relevant provisions of the Federal High Court Civil Procedure Rules 2019.
The central question before the court is whether INEC is constitutionally obligated to deregister political parties that failed to meet minimum electoral performance benchmarks set out in the law.
These benchmarks include securing at least 25 per cent of votes cast in one state during 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.
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The plaintiffs contend that the named parties failed to achieve any of these thresholds in previous elections yet continue to enjoy full recognition from INEC.
The suit seeks declaratory orders affirming that INEC has a duty to enforce the constitutional benchmarks as a precondition for party registration and participation in elections. It also seeks orders compelling INEC to deregister the affected parties.
Additionally, the plaintiffs are asking for injunctions restraining INEC from recognising or giving effect to any political activities by the parties, including congresses, primaries, campaigns, and participation in the 2027 general elections, unless they fully comply with constitutional requirements.
In an affidavit supporting the suit, Hon. Igbokwe Nnanna, Chairman of the Board of Trustees and National Coordinator of the forum, accused INEC of neglecting its constitutional duty by continuing to recognise parties that have never won a single elective position at any level of government.
Nnanna stated that the parties failed to secure the required 25 per cent of votes in any state during presidential elections and had no representation across Nigeria’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.
He argued that despite what he described as “total electoral failures,” INEC continued to accord the parties full recognition, a situation the forum said was unconstitutional and contrary to the Electoral Act and INEC’s own regulations.
The forum warned that without court intervention, INEC could allow the parties to contest in 2027, thereby “clogging the ballot papers, overstretching administrative resources and misleading voters.”
The timing of the suit is particularly significant as the ADC has become the political home of major figures such as Nasir El-Rufai, Atiku Abubakar, Rotimi Amaechi, David Mark, Peter Obi, amongst others who tout the party as the major opposition ahead of the 2027 elections.