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How One Key Detail in the 1999 Constitution Led to the Deregistration of ADC, Accord Party and Others

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A single constitutional provision has delivered what many are calling a political earthquake in Nigeria’s opposition landscape. In a landmark ruling, a Federal High Court ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party, and several other parties for failing to meet mandatory performance thresholds.

The decision rests on Section 225A of the 1999 Constitution (as amended) — a seemingly obscure but powerful clause that gives INEC the authority to deregister political parties that do not satisfy prescribed electoral benchmarks.

The Heart of the Matter

According to the plaintiffs — a group of former lawmakers — the affected parties have consistently failed to meet the minimum requirements for continued existence as registered political parties. The core argument was straightforward and rooted directly in the Constitution:

The parties did not secure at least 25% of votes in any state during presidential elections and failed to win seats at various levels of government, including local government councils, state assemblies, and the National Assembly.

This performance, the plaintiffs contended, falls far below the constitutional threshold required for a party to maintain its legal status. Section 225A was specifically inserted to prevent the proliferation of “briefcase parties” that exist only on paper without any meaningful contribution to democratic competition.

Why the Court Agreed

The court upheld the position that Section 225A is not a suggestion but a mandatory requirement. It ruled that parties must demonstrate tangible electoral strength and relevance, or risk losing their registration. The judgment reinforces INEC’s regulatory powers and aims to streamline Nigeria’s overcrowded political party system.

The ADC, in particular, has been positioning itself as a major platform for opposition heavyweights ahead of the 2027 general elections. The ruling now casts serious doubt on its future unless it successfully appeals and wins at a higher court.

Broader Implications

This development could significantly reshape opposition politics in the build-up to 2027. Many analysts see it as a blow to efforts to build a strong, unified front against the ruling APC. Parties like the ADC had been viewed as potential vehicles for a grand coalition involving figures such as Atiku Abubakar, Rotimi Amaechi, and other aggrieved politicians.

If the deregistration stands, it may force politicians currently aligned with these parties to seek refuge in already registered parties or attempt to form new ones — a process that is both expensive and time-consuming.

The ruling also sends a strong message to smaller parties: constitutional provisions on performance are not mere formalities. They are enforceable, and INEC now has clearer judicial backing to wield this power.

What Happens Next?

The affected parties are expected to challenge the decision at the Court of Appeal. Until the matter is finally resolved, the legal status of the ADC and others hangs in the balance.

This case highlights a recurring tension in Nigerian democracy — the balance between freedom of association (the right to form political parties) and the need for a functional, serious party system that actually competes and delivers results for citizens.

One small but decisive detail in the 1999 Constitution has once again reminded politicians that in Nigeria’s political game, the rules matter — and sometimes, they bite hard.

Source: Tribune Online

What do you think about this ruling? Is it a necessary clean-up of the political system or a setback for opposition politics ahead of 2027? Share your thoughts in the comment section.

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