Right to Be Registered as Political Party Not Absolute, Federal High Court Informs AAA

A Federal High Court in Abuja has ruled that the right of an association to be registered as a political party in Nigeria is not absolute. Despite constitutional provisions, an association seeking registration by the Independent National Electoral Commission (INEC) must fully comply with the Constitution and Electoral Act. The court delivered this judgment in the suit challenging the non-registration of the All Allies Alliance (AAA) as a political party for the 2027 general election.

An aggrieved member of the association, Jyde Adelakun, had taken the electoral commission to court for failing to register the AAA. Among the reliefs sought in the suit were a declaration that, by virtue of Section 75(4) of the Electoral Act 2022, INEC had statutorily deemed the association as registered as a political party in Nigeria for all intents and purposes, since INEC failed to notify the association of non-compliance within the 90-day statutory period.

The plaintiff urged the court to hold that the association had complied with the law and to order the defendant to register the AAA as a political party or recognize it as registered for the 2027 general elections. The plaintiff also sought an injunction restraining INEC from preventing the association's participation in the elections. However, INEC argued that the plaintiff had not fulfilled all requirements for registration, including not providing an address in Abuja and lacking a Protem Secretary.

In resolving the case, Justice James Omotosho disagreed with INEC's claim that the Electoral Act 2026 rendered the plaintiff's cause of action invalid. He noted that the applicable law at the time of the cause of action was the Electoral Act 2022. Omotosho stated that the defendant could not backtrack on its revised timetable to disadvantage the plaintiff. Regarding the second issue, the court held that the plaintiff had not complied with the registration requirements, and INEC's refusal to register the AAA was justified.