Why INEC cannot deregister ADC under Nigerian Law, Legal Advocates argue
By KEMI KASUMU
The timing of the judgment – coming barely 24 hours after the ADC Presidential Candidate and former Vice President of Nigeria, Alhaji Atiku Abubakar, picked former Rivers State Governor and Buhari’s Minister of Transportation, Rt. Hon. Rotimi Amaechi as his running mate – was also said to have exposed the desperation of Tinubu and his APC to win the election, positive scorecard or not.
As Nigeria is eight months into the general elections, the judgement of a Federal High Court in Abuja – ordering the Independent National Electoral Commission (INEC) to deregister five political parties mainly the African Democratic Congress (ADC) – has continued to meet resisting spirits of Nigerians who say the court ruling smacks of political manipulation thus vindicating them on their claim that the ruling class was planning to use some government institutions including the judiciary to declare their candidate as re-elected president. In 2027.
This is as they consider, particularly, the ADC as being placed on the slaughter slab because it is the most formidable, vibrant and well positioned in the opposition’s resolve to send President Bola Ahmed Tinubu and his All Progressives Congress (APC) out of power during the election early next year.
The timing of the judgment – coming barely 24 hours after the ADC Presidential Candidate and former Vice President of Nigeria, Alhaji Atiku Abubakar, picked former Rivers State Governor and Buhari’s Minister of Transportation, Rt. Hon. Rotimi Amaechi as his running mate – was also said to have exposed the desperation of Tinubu and his APC to win the election, positive scorecard or not.
Supporters and legal advocates of the African Democratic Congress (ADC) have therefore argued that the Independent National Electoral Commission (INEC) lacks the constitutional authority to deregister the party, despite recent legal efforts seeking the cancellation of its registration.
According to proponents of this position, those who initiated the court action relied on Section 225A of the 1999 Constitution (as amended), which outlines the circumstances under which INEC may deregister a political party.
The argument against ADC’s continued registration is based on the party’s performance in the 2023 general elections. Critics point out that ADC did not secure up to 25 percent of votes cast in any state during the presidential election, a constitutional benchmark often cited in discussions about party deregistration.
However, ADC supporters maintain that the constitutional provision contains more than one requirement and that failing to meet the 25 percent threshold alone is insufficient grounds for deregistration.
They contend that two conditions must be satisfied before INEC can legally revoke a political party’s registration:
- Failure to secure at least 25 percent of votes cast in at least one state during a presidential election; and
- Failure to win any elective seat whatsoever in the State Houses of Assembly, House of Representatives, or Senate.
Under this interpretation, a political party that fails to achieve the 25 percent threshold but succeeds in winning at least one legislative seat remains protected from deregistration.
Supporters of the ADC argue that the party clearly met the second requirement by winning elected positions during the 2023 general elections. They point to the victories of Hon. Idris Salman and Hon. Abejide Joseph Leke, who were elected to the House of Representatives under the ADC platform in Kogi State.
In addition, they note that the party secured seats in several State Houses of Assembly across the country. According to their position, even a single legislative victory would have been sufficient to preserve the party’s registration status under the Constitution.
They further argue that the subsequent defection of elected lawmakers from the party would not invalidate the electoral victories recorded at the time of the election, since the constitutional assessment is based on election results rather than later political developments.
Consequently, ADC supporters insist that INEC cannot lawfully deregister the party because it won elective offices during the 2023 elections. They maintain that only a political party that both fails to achieve the required presidential vote threshold and fails to secure any legislative seat can be subjected to deregistration.
The issue is expected to remain a subject of legal and political debate as stakeholders continue to interpret the constitutional provisions governing political party registration and deregistration in Nigeria.
Party loyalists have therefore urged members to remain calm, expressing confidence that any adverse court ruling will ultimately be overturned through the judicial process and affirming their belief in the party’s prospects ahead of the 2027 general elections.
