A fresh twist has emerged in the legal tussle over the status of the African Democratic Congress (ADC), as the Independent National Electoral Commission (INEC) has formally opposed moves by the Federal Government seeking the deregistration of the opposition party.
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LEADERSHIP reports that the Attorney-General of Federation and Minister of Justice, Lateef Fagbemi, SAN, had last week approached a Federal High Court in Abuja, seeking deregistration of some opposition parties, citing alleged failure to meet electoral performance thresholds and breach of registration requirements as enshrined in extant laws.
But, according to court documents sighted, INEC, in a submission before the court, dismantled the legal foundation of the Federal Government’s application, insisting that it failed to meet the constitutional conditions required for the deregistration of a political party.
In the filing, the Commission made it clear that the power to deregister political parties is neither discretionary nor susceptible to political pressure, but is strictly governed by extant laws and constitutional provisions. INEC argued that none of the legally recognised triggers for deregistration—such as failure to meet electoral performance thresholds or breach of registration requirements—had been credibly established against the ADC.
Legal experts said the Commission’s position has delivered a major blow to the proponents of the suit seeking deregistration of some opposition parties, and signalled a likely collapse of the case, given INEC’s central and constitutionally protected role as the regulator of political parties in Nigeria.
Observers noted that INEC’s resistance reinforced its independence at a time when concerns have been raised about increasing political interference in democratic institutions.
Reacting to the development, Phrank Shaibu, Senior Special Assistant on Public Communication to former Vice President Atiku Abubakar, described the move to deregister the ADC as “a desperate and failed plot conceived in the shadows of fear.”
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According to him, “What we are witnessing is the unraveling of a poorly scripted political ambush designed to cripple opposition voices. The fact that INEC itself has come forward to puncture the legal vacuum of this application speaks volumes. It confirms what Nigerians already suspect—that this was never about law, but about intimidation.”
He added that the development should serve as a warning to those who believe democracy can be manipulated through institutional coercion.
“No democracy survives where the ruling party seeks to eliminate competition through the backdoor. Today, it is ADC. Tomorrow, it could be any platform that refuses to bow. But let it be known: Nigeria is bigger than any administration, and its democratic space cannot be shrunk to accommodate political insecurity,” Shaibu said.
While the matter remained sub judice at present, the contents of the court filing suggested that the attempt to deregister the ADC may have suffered a fatal legal setback, with INEC’s position likely to play a decisive role in the court’s eventual ruling.
As of the time of filing this report, efforts to get official reactions from both INEC and ADC have proved abortive.
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