*Affirms non-registration by INEC
Alex Enumah in Abuja
A Federal High Court in Abuja, has dominated that the suitable of any affiliation to be registered as a political social gathering in Nigeria was not absolute, regardless of constitutional provisions.
According to the courtroom, an affiliation searching for registration as a political social gathering 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 social gathering, within the 2027 normal election.
An aggrieved member of the affiliation, Mr Jyde Adelakun, had dragged the electoral umpire to courtroom for failing to register the AAA as a political social gathering, for functions of contesting the forthcoming normal 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 social gathering in Nigeria for all intents and functions.
In the originating summons filed May 26, the plaintiff, whereas urging the courtroom to maintain that the affiliation had duly complied with all related provisions of the regulation and had rightly introduced this utility for the enforcement and safety of their elementary rights, prayed the courtroom 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 social gathering in Nigeria, and to embody the stated political social gathering within the listing of political events certified to take part within the 2027 normal elections and all electoral processes incidental thereto.
Plaintiff additional sought an order of perpetual injunction restraining INEC from doing any act that will exclude, stop, hinder or impede the participation of the affiliation AAA within the 2027 normal election and the electoral processes incidental thereto.
The plaintiff, nonetheless, sought an order awarding the sum of N50 million solely as exemplary, normal and aggravated damages for the violation and persevering with chance 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 social gathering claimed that the plaintiff didn’t fulfill all necessities to be registered or deemed registered as a political social gathering since, amongst others it didn’t fill an deal with in Abuja as required by Section 222 of the Constitution and it had no Protem Secretary.
Resolving the case, the courtroom raised two points for dedication: 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 challenge 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 regulation 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 overall 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 have been introduced ahead to January 16, 2027.
“The defendant having launched its timetable after the plaintiff submitted an utility to be registered as a political social gathering can’t flip round to say that due to its revised time-table the appliance was made lower than 12 months to the overall elections.
“This can’t be the place of the regulation. The defendant can’t take steps, retrace it steps after which anticipate 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 challenge, Justice Omotosho held that the plaintiff failed to adjust to the necessities for registration as a political social gathering, 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 courtroom famous that the letter seems extra as a letter searching for the Guidelines and Regulations for Registration as a political social gathering.
“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 courtroom held.
