By Manfred Ekpe
PREAMBLE
In my capacity as the Akwa Ibom State Publicity Secretary of the African Democratic Congress (ADC), I have deemed it necessary to interrogate the legal basis of the judgment of the Federal High Court, Abuja Judicial Division, Coram Lifu, J., delivered on 15th June, 2026, wherein the Court ordered the Independent National Electoral Commission (INEC) to de-register the African Democratic Congress.
*STATEMENT OF FACTS*
On 15th June, 2026, His Lordship, Hon. Justice Lifu, sitting at the Federal High Court, Abuja, delivered judgment directing INEC to de-register the African Democratic Congress. The decision of the Learned Trial Judge was predicated on the provisions of Section 225A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (hereinafter referred to as “the Constitution”).
The said judgment has elicited widespread criticism from members of the Bar and political class, who contend that the decision is perverse, tainted with extraneous considerations, and politically motivated.
*ISSUE FOR DETERMINATION*
Whether, having regard to Section 225A of the Constitution and the electoral performance of the African Democratic Congress in the 2023 General Elections, the Federal High Court was right to order the de-registration of the said party.
*LEGAL SUBMISSIONS*
Section 225A of the Constitution confers on the Independent National Electoral Commission the power to de-register a political party for grounds therein stated section 225A (b) and (c) evinces thus:
> *225A.* The Independent National Electoral Commission shall have power to de-register a political party for—
(a)………
*(b)* failure to win at least twenty-five percent of votes cast in—
(i) one State of the Federation in a Presidential election; or
(ii) one Local Government Area of a State in a Governorship election; or
*(c)* failure to win at least—
(i) one ward in a Chairmanship election;
(ii) one seat in the National or State House of Assembly election; or
(iii) one seat in a Councillorship election.
A community reading of Section 225A(c)(ii) reveals that, for the strict purpose of the ADC situation, a political party retains its registration where it secures at least one seat in either the the Senate or House of Representives.
It is a notorious fact, and judicial notice is hereby invited, that in the 2023 General Elections, the African Democratic Congress won two seats in the House of Representatives, to wit:
1. *Yagba East/Yagba West/Mopa-Muro Federal Constituency, Kogi State*; and
2. *Gummi/Bukkuyum Federal Constituency, Zamfara State*.
By virtue of Section 225A(c)(ii) of the Constitution, the ADC, having satisfied the minimum threshold of winning at least one seat in the National Assembly, is not liable to de-registration under the Constitution.
On a prima facie examination of the law and the undisputed facts, the order of de-registration made by His Lordship, Lifu, J., is inconsistent with the express provisions of Section 225A(c)(ii) of the Constitution. The judgment, with respect, is per incuriam and liable to be set aside on appeal.
It is trite that judicial officers are bound to apply the law as enacted. Where a decision is manifestly contrary to clear constitutional provisions, it erodes public confidence in the judiciary and calls for administrative scrutiny by the appropriate judicial authorities.
The judgment of the Federal High Court dated 15th June, 2026, ordering the de-registration of the African Democratic Congress, is unconstitutional, null and void. The state of the Nigerian judiciary requires urgent introspection to forestall further delivery of judgments that are in violent conflict with the grundnorm.
MANFRED EKPE is a
Barrister and Solicitor of the Supreme Court of Nigeria
