*Affirms non-registration by INEC
Alex Enumah in Abuja
A Federal High Court in Abuja, has dominated that the precise of any affiliation to be registered as a political get together in Nigeria was not absolute, regardless of constitutional provisions.
According to the court docket, an affiliation in search of registration as a political get together by the Independent National Electoral Commission (INEC) should absolutely adjust to the provisions of the Constitution and the Electoral Act.
Justice James Omotosho held this place in a judgment delivered within the go well with difficult the non-registration of the affiliation, All Allies Alliance (AAA), as a political get together, within the 2027 common election.
An aggrieved member of the affiliation, Mr Jyde Adelakun, had dragged the electoral umpire to court docket for failing to register the AAA as a political get together, for functions of contesting the forthcoming common election.
Among the reliefs sought within the go well with marked: FHC/ABJ/CS/1049/2026, are a declaration that, by advantage of the operation of Section 75(4) of the Electoral Act 2022, INEC having failed to notify the AAA in writing throughout the 90 days statutory interval (which expired on May 21, 2026) of any noncompliance with the related provisions of the Constitution and the Electoral Act, the affiliation All Allies Alliance is statutorily deemed registered as a political get together in Nigeria for all intents and functions.
In the originating summons filed May 26, the plaintiff, whereas urging the court docket to maintain that the affiliation had duly complied with all related provisions of the legislation and had rightly introduced this software for the enforcement and safety of their elementary rights, prayed the court docket 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 get together in Nigeria, and to embody the stated political get together within the checklist of political events certified to take part within the 2027 common elections and all electoral processes incidental thereto.
Plaintiff additional sought an order of perpetual injunction restraining INEC from doing any act that may exclude, forestall, hinder or impede the participation of the affiliation AAA within the 2027 common election and the electoral processes incidental thereto.
The plaintiff, nevertheless, sought an order awarding the sum of N50 million solely as exemplary, common and aggravated damages for the violation and persevering with probability of violation of the basic rights of the plaintiff and the members of the affiliation All Allies Alliance’ occasioned by the unconstitutional acts, omissions, refusals and neglect of the Defendant.
But INEC on its get together claimed that the plaintiff didn’t fulfill all necessities to be registered or deemed registered as a political get together since, amongst others it didn’t fill an tackle in Abuja as required by Section 222 of the Constitution and it had no Protem Secretary.
Resolving the case, the court docket raised two points for willpower: one, whether or not the enactment of the Electoral Act 2026 renders the reason for motion of the plaintiff invalid, and two, whether or not the plaintiff was entitled to the reliefs sought.
On problem one, Justice Omotosho disagreed with INEC that the enactment of the Electoral Act 2026, rendered the case of the plaintiff invalid, including that the relevant legislation as of the time the reason for motion occurred was the Electoral Act 2022.
“As at February 3, 2026, there was no official timetable for the final elections. it was introduced on February 13, 2026 when the defendant mounted the Presidential and National Assembly elections for February 20, 2027. The timetable was later revised on the Presidential and National Assembly elections had been introduced ahead to January 16, 2027.
“The defendant having launched its timetable after the plaintiff submitted an software to be registered as a political get together can’t flip round to say that due to its revised time-table the applying was made lower than 12 months to the final elections.
“This can’t be the place of the legislation. The defendant can’t take steps, retrace it steps after which count on to profit from such motion to the detriment of one other.
“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 problem, Justice Omotosho held that the plaintiff failed to adjust to the necessities for registration as a political get together, therefore the electoral physique was so as refusing registration.
While stating that the physique of the affiliation’s letter to INEC “does not really strike me as a letter of intent to be registered as a political party,” the court docket famous that the letter seems extra as a letter in search of the Guidelines and Regulations for Registration as a political get together.
“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 docket held.
