Kperogi condemns court order deregistering ADC, calls it “pure judicial banditry”
By KEMI KASUMU
“Plus, if defection from the party counts against it, defections into it should compensate for defections from it. There are at least 25 federal legislators (Senate and House of Representatives) who have defected to the ADC in the current realignment cycle. Some people say the figure is higher than that.”
Political commentator and columnist, Professor Farooq Kperogi, has criticized a reported judgment of the Federal High Court ordering the deregistration of the (ADC), describing the decision as a threat to democratic pluralism and voter choice.
In a statement titled “ADC’s Deregistration Is Pure Judicial Banditry,” Kperogi argued that the court’s reported justification—that the ADC failed to meet the constitutional requirements for continued registration—is inconsistent with publicly available electoral records.
According to him, the ADC won two seats in the House of Representatives in Kogi State during the 2023 general elections, representing the Ijumu/Kabba Bunu and Yagba East/Yagba West/Mopa Muro federal constituencies. He also noted that the party secured a seat in the Kogi State House of Assembly.
Kperogi referenced Section 225A of the Nigerian Constitution, which provides that a political party may be deregistered if it fails to secure the required electoral foothold, including at least one seat in either the National Assembly or a State House of Assembly. He maintained that the ADC satisfied this constitutional requirement through its electoral victories in 2023.
Addressing the issue of defections by elected officials, Kperogi argued that lawmakers who subsequently left the party should not invalidate the electoral successes recorded by the ADC. He stated that electoral victories are determined at the point of election and are not erased by later political realignments.
He further claimed that the ADC has recently gained several defecting federal legislators, suggesting that the party’s current political standing should also be taken into consideration.
The commentator warned that the deregistration of a political party despite what he described as contrary electoral records could undermine public confidence in the democratic process. He argued that such actions risk weakening political pluralism and limiting voters’ choices.
“In the 2023 elections, the ADC won two House of Representatives seats in Kogi State: Ijumu/Kabba Bunu and Yagba East/Yagba West/Mopa Muro. It also won a seat in the Kogi State House of Assembly. This is all in INEC’s public record.
“Section 225A of the Constitution permits deregistration only when a party fails to win the required electoral foothold, including at least one seat in the National Assembly or a State House of Assembly. The ADC met that requirement. A judgment that says otherwise is pure judicial banditry.
“Even if some ADC elected officials later defected to other parties, that does not cancel the fact that they were elected on the ADC platform in 2023. Defection is not retroactive electoral defeat. A party that won seats cannot be treated as a party that won none.
“Plus, if defection from the party counts against it, defections into it should compensate for defections from it. There are at least 25 federal legislators (Senate and House of Representatives) who have defected to the ADC in the current realignment cycle. Some people say the figure is higher than that.
“To deregister a party on a ground contradicted by official election records creates the strong impression that the judiciary is being used to do what political actors fear voters may not do.
“The danger is larger than the ADC. If courts can erase parties from the ballot on claims that are refuted by INEC’s records, then elections cease to be contests among citizens and become permissions granted by judges.
“That is a direct threat to party pluralism, voter choice and what remains of public confidence in Nigeria’s democracy,” said the United States based professor,” said the United States based professor.
Kperogi concluded that if political parties can be removed from the electoral process on grounds disputed by official election results, it could raise broader concerns about the role of the judiciary in Nigeria’s democratic system.
