By Douglas Princemola
Civic Action for Democracy (CAD) has instituted a wide-ranging legal action against the Independent National Electoral Commission (INEC) at the Federal High Court in Owerri, Imo State, over what it described as the unlawful retention of the Action Peoples Party (APP) on the commission’s register of political parties, despite its alleged deregistration more than five years ago.
The suit, filed on Tuesday, January 20, 2025, challenges INEC’s continued recognition of APP and seeks judicial orders compelling the electoral body to remove the party from its database. According to CAD, APP was lawfully deregistered on February 6, 2020, alongside 73 other political parties that failed to meet constitutional and statutory requirements, and that decision was later affirmed by the Supreme Court in March 2022.
Addressing a world press conference in Owerri shortly after filing the suit, CAD’s Executive Director, Mazi Franklin Ngoforo, said the legal action was aimed at protecting the integrity of Nigeria’s electoral system ahead of the 2027 general elections. He stated that the case was not motivated by partisan considerations but by the need to uphold constitutional governance and the rule of law.
CAD explained that the deregistration exercise was carried out pursuant to Sections 225 and 225A of the 1999 Constitution and the relevant provisions of the Electoral Act in force at the time. The organisation maintained that the Supreme Court judgment upholding INEC’s power to deregister non-performing political parties conclusively validated the removal of APP and rendered its continued listing legally untenable.
Despite this, CAD alleged that INEC has continued to recognise APP on the basis of a purported court order said to have restrained the commission from deregistering the party. According to the organisation, no such court order exists. CAD claimed that for nearly six years, INEC has failed to produce any suit number, court file, motion, or ruling to substantiate its claim, despite repeated formal requests.
The organisation further argued that even if such an order had existed, which it insists it did not, Nigerian law does not permit an interim injunction to subsist indefinitely without renewal or substantive determination. CAD described the continued reliance on such a claim as misleading and damaging to public confidence in the electoral system.
In the substantive suit, CAD is seeking multiple reliefs, including declarations affirming that APP was lawfully deregistered and has no legal existence as a political party.
The group is also asking the court to issue perpetual injunctions restraining INEC from recognising APP or dealing with it as a registered party, as well as an order of mandamus compelling INEC to immediately remove APP from its register and publish official notice of the removal.
CAD is also asking the court to direct INEC to disclose the identities of officials allegedly involved in the continued listing of APP and to refer the matter to relevant law enforcement agencies for investigation and possible prosecution.
In addition to the main suit, CAD has filed a motion on notice seeking an interlocutory injunction to restrain both INEC and APP from participating in any electoral activities pending the determination of the case.
The organisation warned that allowing a deregistered entity to conduct primaries, submit candidates, or participate in elections could compromise the credibility of the 2027 general elections from the outset.
According to CAD, APP has already participated in local government elections in parts of the country, including Rivers and Jigawa States, despite its alleged lack of legal status. The group warned that failure to address the issue before the next general elections could result in extensive post-election litigation and potentially trigger a constitutional crisis.
The organisation described the case as raising serious concerns about institutional accountability and respect for judicial authority. It called on the judiciary to treat the matter with urgency, stressing that the courts remain the final safeguard against electoral manipulation and administrative lawlessness.
CAD also appealed to civil society organisations, professional bodies, labour unions, youth groups, and faith-based organisations to support efforts aimed at ensuring compliance with the Constitution. The group urged the media to maintain sustained coverage of the case and to investigate the circumstances surrounding APP’s continued listing.
While criticising INEC’s actions, CAD acknowledged that the current leadership of the commission may have inherited the situation. It urged the electoral body to resolve the issue administratively rather than engage in prolonged litigation.
The organisation also called on the international community, including election observers and diplomatic missions, to closely monitor the case, noting that Nigeria’s electoral stability has implications beyond its borders.
As of the time of filing this report, INEC had not issued an official response to the allegations or the suit filed by Civic Action for Democracy.
