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Court Sets March 24 for Ruling on Move to Deregister Five Political Parties Including ADC

 

The Federal High Court in Abuja will on March 24 rule on a joinder application in a suit seeking the deregistration of five political parties over alleged constitutional breaches.

 

The case, marked FHC/ABJ/CS/2637/25, was filed by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission (INEC), the Attorney General of the Federation, and the affected parties: African Democratic Congress, Accord Party, Zenith Labour Party and Action Alliance.

 

The suit initially targeted only the African Democratic Congress but was later amended to include the other four parties.

 

At Tuesday’s proceedings, lawyers announced appearances for all the parties except Action Alliance, which had two separate counsel claiming to represent it. Ibrahim Yakubu and Bello Lukman, each from different law firms, told the court they had distinct letters of instruction.

 

Presiding judge, Justice Peter Lifu, directed the two lawyers to resolve the issue of representation, warning that the court would take appropriate steps if they failed to do so.

 

Counsel to Accord Party, Musibau Adetunbi, SAN, applied for leave to file a further counter-affidavit, arguing that it was necessary to address key facts not included in the earlier filing. He said the additional affidavit would assist the court in reaching a fair decision.

 

The plaintiff’s counsel opposed the application, maintaining that no new facts had been introduced in the amended originating summons to justify a further counter-affidavit. He urged the court to dismiss the request.

 

Justice Lifu fixed March 24 for ruling on the application and other pending motions.

 

During the hearing, the plaintiff’s lead counsel informed the court of an application to amend the originating summons dated January 28, which he said had been served on all parties. Respondents confirmed receipt and indicated that counter-affidavits had been filed.

 

Some defence counsel sought additional time to regularise their processes and also filed a motion challenging the court’s jurisdiction. The plaintiff opposed the request for extension of time.

 

After listening to arguments, the judge granted the extension and deemed the plaintiff’s reply on points of law properly filed.

 

Speaking after the session, counsel to the plaintiff said the suit seeks judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties.

 

According to court documents, the action relies on Section 225A of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act, 2022, and relevant provisions of the Federal High Court rules.

 

The plaintiffs argue that INEC is required to deregister political parties that fail to meet specified electoral performance benchmarks, including securing at least 25 per cent of votes in one state during a presidential election or winning seats at any level of government.

 

In a supporting affidavit, the forum accused INEC of failing to enforce these requirements and continuing to recognise parties that have not met the thresholds since their registration.

 

The suit seeks declarations compelling INEC to apply the constitutional standards and restrain it from recognising the affected parties until they comply. The plaintiffs also argue that allowing such parties to participate in the 2027 general elections would expand ballot papers unnecessarily and increase public expenditure.

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