Court sets February 24 to hear ADC, others’ deregistration suit

A Federal High Court has scheduled February 24 to hear a lawsuit seeking the deregistration of the African Democratic Congress (ADC) and several other political parties for allegedly failing to meet the electoral performance thresholds required by Nigeria’s electoral laws.

The suit, which could have far-reaching implications for Nigeria’s political landscape, challenges the continued registration of parties that have allegedly not demonstrated sufficient electoral viability through performance in national elections. If successful, the legal action could result in the dissolution of multiple political parties and a significant reshaping of the country’s multi-party system.

According to court documents, the plaintiff argues that certain political parties, including the ADC, have failed to meet constitutional and Electoral Act requirements for maintaining party registration, particularly provisions related to securing minimum vote percentages or winning seats in elections at various levels of government.

Nigeria’s Electoral Act contains provisions that allow for the deregistration of political parties that fail to win at least one seat in the National Assembly or State House of Assembly, or fail to secure a specified percentage of votes cast in elections. These requirements are intended to streamline the political system and eliminate parties that exist primarily on paper without genuine electoral support.

The ADC and other parties named in the suit have not yet filed comprehensive responses to the legal challenge, though party officials have informally indicated their intention to vigorously defend their registration status. Some have questioned the motives behind the lawsuit, suggesting it may be politically motivated.

Legal experts following the case note that party deregistration suits have historically been contentious, often raising questions about democratic pluralism, freedom of association, and the appropriate balance between maintaining a manageable number of parties and preserving citizens’ rights to form political associations.

The Independent National Electoral Commission (INEC), which oversees party registration and deregistration, has previously conducted exercises to remove parties deemed non-compliant with electoral performance requirements. However, such actions have often been challenged in court, with varying outcomes.

Supporters of strict enforcement of deregistration provisions argue that Nigeria has too many political parties, many of which serve no genuine democratic function and exist only to confuse voters or provide vehicles for individual political ambitions. They contend that a leaner party system would strengthen democratic competition.

Critics of aggressive deregistration efforts counter that democratic health requires space for emerging parties to develop, and that strict performance thresholds may unfairly disadvantage newer parties or those focusing on building grassroots support before contesting major elections. They warn against creating barriers that entrench existing political elites.

The ADC, founded in 2006, has participated in multiple electoral cycles and fielded candidates for various positions including the presidency. While the party has not achieved major electoral breakthroughs at the national level, it maintains active state chapters and has won some local government positions in certain states.

Other parties potentially affected by the suit include several smaller political organizations that have struggled to gain electoral traction despite their registration status. The exact number and identity of all parties named in the legal challenge have not been fully disclosed publicly.

The February 24 hearing date will give affected parties time to prepare legal defenses and gather evidence of their electoral activities and performance. Courts have previously considered factors beyond simple vote counts, including parties’ organizational structures, membership bases, and participation in democratic processes.

Constitutional law experts anticipate that the case will require the court to interpret provisions of both the Constitution and Electoral Act regarding party registration requirements, potentially setting precedents that could affect future deregistration efforts and the overall structure of Nigeria’s party system.

Civil society organizations monitoring democratic development have called for transparency in the deregistration process and urged that any actions be based strictly on legal criteria rather than political considerations. They emphasize the importance of protecting political diversity while ensuring parties meet reasonable standards of viability.

As the hearing date approaches, political parties across the spectrum are watching closely, recognizing that the outcome could influence not only the immediate parties involved but also broader questions about the future composition and competitiveness of Nigeria’s political party system.

The case represents one of several legal challenges to party registrations that periodically emerge in Nigeria’s evolving democratic landscape, reflecting ongoing tensions between desires for political streamlining and commitments to pluralistic democracy.

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