*Affirms non-registration by INEC
Alex Enumah in Abuja
A Federal High Court in Abuja, has ruled that the right of any association to be registered as a political party in Nigeria was not absolute, despite constitutional provisions.
According to the court, an association seeking registration as a political party by the Independent National Electoral Commission (INEC) must fully comply with the provisions of the Constitution and the Electoral Act.
Justice James Omotosho held this position in a judgment delivered in the suit challenging the non-registration of the association, All Allies Alliance (AAA), as a political party, in the 2027 general election.
An aggrieved member of the association, Mr Jyde Adelakun, had dragged the electoral umpire to court for failing to register the AAA as a political party, for purposes of contesting the forthcoming general election.
Among the reliefs sought in the suit marked: FHC/ABJ/CS/1049/2026, are a declaration that, by virtue of the operation of Section 75(4) of the Electoral Act 2022, INEC having failed to notify the AAA in writing within the 90 days statutory period (which expired on May 21, 2026) of any noncompliance with the relevant provisions of the Constitution and the Electoral Act, the association All Allies Alliance is statutorily deemed registered as a political party in Nigeria for all intents and purposes.
In the originating summons filed May 26, the plaintiff, while urging the court to hold that the association had duly complied with all relevant provisions of the law and had rightly brought this application for the enforcement and protection of their fundamental rights, prayed the court for an order, “compelling the defendant forthwith and without any further delay to register, or in the alternative to recognise and treat as registered, the association All Allies Alliance” as a political party in Nigeria, and to include the said political party in the list of political parties qualified to participate in the 2027 general elections and all electoral processes incidental thereto.
Plaintiff further sought an order of perpetual injunction restraining INEC from doing any act that would exclude, prevent, hinder or impede the participation of the association AAA in the 2027 general election and the electoral processes incidental thereto.
The plaintiff, however, sought an order awarding the sum of N50 million only as exemplary, general and aggravated damages for the violation and continuing likelihood of violation of the fundamental rights of the plaintiff and the members of the association All Allies Alliance’ occasioned by the unconstitutional acts, omissions, refusals and neglect of the Defendant.
But INEC on its party claimed that the plaintiff did not fulfill all requirements to be registered or deemed registered as a political party since, among others it did not fill an address in Abuja as required by Section 222 of the Constitution and it had no Protem Secretary.
Resolving the case, the court raised two issues for determination: one, whether the enactment of the Electoral Act 2026 renders the cause of action of the plaintiff invalid, and two, whether the plaintiff was entitled to the reliefs sought.
On issue one, Justice Omotosho disagreed with INEC that the enactment of the Electoral Act 2026, rendered the case of the plaintiff invalid, adding that the applicable law as of the time the cause of action occurred was the Electoral Act 2022.
“As at February 3, 2026, there was no official timetable for the general elections. it was announced on February 13, 2026 when the defendant fixed the Presidential and National Assembly elections for February 20, 2027. The timetable was later revised at the Presidential and National Assembly elections were brought forward to January 16, 2027.
“The defendant having released its timetable after the plaintiff submitted an application to be registered as a political party cannot turn around to say that due to its revised time-table the application was made less than 12 months to the general elections.
“This cannot be the position of the law. The defendant cannot take steps, retrace it steps and then expect to benefit from such action to the detriment of another.
“At the time the application for registration was made, there was no election timetable, thus the subsequent making of the timetable cannot be to the detriment of the case of the plaintiff. Consequently, I hold that the case of the Plaintiff is not invalidated by the revised timetable of the defendant and thus the case is proper before this Court.”
On the second issue, Justice Omotosho held that the plaintiff failed to comply with the requirements for registration as a political party, hence the electoral body was in order refusing registration.
While stating that the body of the association’s letter to INEC “does not really strike me as a letter of intent to be registered as a political party,” the court noted that the letter appears more as a letter seeking the Guidelines and Regulations for Registration as a political party.
“For the sake of argument, even if it is assumed that the letter is a letter of intent, it still falls short of the Guidelines,” the court held.