Justice Peter Lifu of the Federal High Court sitting in Abuja has ordered the de-registration of five political parties over failure to meet the constitutional requirements for political parties in the country, despite an order for stay of proceedings in the matter by the Court of Appeal, Abuja Division.
The parties affected are, African Democratic Congress (ADC), Actions People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord Party (AP).
Justice Peter Lifu, in the judgement delivered on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the affected parties having failed to secure 25 per cent of the votes in the last general elections in compliance with the provisions of the law.
The Court said the parties failed to meet the constitutional threshold of Section 225 of the 1999 Constitution which gives INEC the power to deregister parties that failed to meet the constitutional threshold.
In the judgment, Justice Lifu barred INEC from further according recognition to the parties, accepting nomination of candidates from the affected parties or giving effects to their activities for the purpose of participating in the 2027 general elections.
In the same vein, the Judge directed the parties to stop parading themselves as registered political parties in the country.
By the judgment, former Vice President and Presidential candidate of the ADC, Atiku Abubakar has no platform to stand for the forthcoming presidential election.
Similarly, Osun state governor, Ademola Adeleke billed to re-contest in the August 15 governorship election on the platform of Accord Party will have no party to run in the election.
The judge, who earlier dismissed all the multiple preliminary objections filed by the defendants, ordered INEC not to allow the parties participate in the subsequent elections, including the 2027 general elections, having failed to meet the constitutional threshold.
Justice Lifu delivered his judgement in the suit marked FHC/ABJ/CS/2637/25, instituted by the Incorporated Trustees of the National Forum of Former Legislators against INEC, the Attorney General of the Federation (AGF) and the affected political parties despite the ruling of the Court of Appeal, Abuja Division staying the proceedings in the suit before the trial court.
The appellate Court on Friday, May 22, 2026 ordered a stay of proceedings in a suit pending before Justice Peter Lifu of a Federal High Court sitting in Abuja pending the hearing and determination of the appeal.
A Certified True Copy (CTC) of an enrol order in the appeal stated that, a three-member panel of Justices of the appellate court, comprising of Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi adjourned till October 27, 2026 for the hearing of the appeal.
It would be recalled that, Justice Lifu had, on May 21 rejected applications by some political parties and interested politicians seeking to be joined in the suit seeking the deregistration of the five political parties over alleged constitutional breaches.
The judge dismissed the joinder’s applications filed by Governor Ademola Adeleke of Osun State, Oluwafemi Abayomi Adebambi , the Accord Party Guber Candidate for Ekiti State and Hon. Sani Yakubu Noma of the ADC, holding that their political parties were already defendants in the suit and held that their individual joinder in the suit would be unnecessary.
Justice Lifu subsequently reserved judgment in the substantive suit for June 5, which could not hold due to his absence in court on that day.
Justice Lifu had, on May 20 adjourned till Friday May 5, 2026 to deliver judgement in the suit and
after about an hour wait by lawyers, litigants in the matter, an official of the court announced that, the judge would not be sitting to deliver the judgement as he was said to be out of Abuja.
The court official said, the new date for the judgement would be communicated to parties in the matter when it is ready.
The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission (INEC) and several political parties, including the ADC, Action Alliance, Action Peoples Party (APP), Accord Party and Zenith Labour Party.
During proceedings, counsel to the plaintiff, Incorporated Trustees of the National Forum of Former Legislators, Yakubu Abdullahi Ruba, SAN, argued that the affected political parties failed to meet constitutional requirements relating to electoral spread and performance.
Ruba relied on Supreme Court authorities, contending that political parties were required to secure at least 25 per cent of votes in prescribed elections to remain relevant under the law. He urged the court to order the deregistration of the parties, insisting that none of the defendants had effectively countered the argument.
Representing the Attorney-General of the Federation, A. Abdulrahman told the court that the AGF possessed constitutional powers to support actions aimed at ensuring compliance with the Constitution while urging the court to determine whether the parties listed as 3rd to 7th defendants had breached constitutional provisions.
Counsel representing the affected political parties, however, urged the court to dismiss the suit with substantial costs.
The court also heard arguments from counsel to the APP, Peter Abang, who sought dismissal of the suit on the grounds that issues raised had already been argued before the Court of Appeal.
Justice Lifu, in a brief ruling, stated that the court would consider the appellate court’s decision alongside all issues canvassed by parties before delivering judgment.
At the previous sitting, defence counsel led by Musibau Adetunbi, SAN, for the Accord Party, and Shuaib Enejo Aruwa, SAN, for the ADC, had urged the court to suspend proceedings pending the determination of interlocutory appeals before the Court of Appeal.
They argued that continuing with the hearing while appeals were pending could prejudice matters already before the appellate court.
However, the plaintiff opposed the request, arguing that neither the Court of Appeal nor the Supreme Court had restrained the Federal High Court from proceeding with the matter.
Counsel to INEC, Haliru Mohammed, informed the court that the commission had already filed a counter-affidavit to the substantive suit.
The suit, marked FHC/ABJ/CS/2637/25, was instituted by the Incorporated Trustees of the National Forum of Former Legislators against INEC, the Attorney General of the Federation (AGF) and the affected political parties.
The initial originating summons had only the ADC as the political party targeted for deregistration but was subsequently amended to include the four others whose continued existence were said to have constituted a breach of the Constitution.
At the heart of the reliefs 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 asked 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 they prayed for determination included 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 had also sought for a perpetual order of injunction 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 had 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 had 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 had 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 had 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 had 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 had 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, 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, SAN and Shuaib Eneojo Aruwa, SAN had argued for the Accord Party and ADC respectively in urging the Court to dismiss the suit of the plaintiff for being frivolous, baseless and unwarranted.
END
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