…Party Faces Fresh Deregistration Challenge, as Leadership Tussle Returns to Trial Court
By Yinka Giwa
Barely hours after the Supreme Court handed the African Democratic Congress (ADC) a procedural lifeline in its festering leadership crisis, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has backed a fresh legal move that could ultimately wipe the party and four others off Nigeria’s political map.
In processes filed before the Federal High Court in Abuja, Fagbemi threw his weight behind a suit seeking to compel the Independent National Electoral Commission (INEC) to deregister the ADC, alongside the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), over what he described as their failure to meet constitutional performance thresholds.
The move comes on the heels of a significant Supreme Court ruling that vacated an earlier order restraining factions within the ADC from altering the status quo, effectively reopening the internal battle for control of the party.
The apex court, in a unanimous decision by a five-member panel led by Justice Mohammed Lawal Garba, held that the Court of Appeal acted without jurisdiction when it imposed a status quo ante bellum order after dismissing an appeal brought by Senator David Mark. The Supreme Court subsequently directed all parties to return to the Federal High Court for the continuation of proceedings in the leadership dispute.
While the ruling restored a measure of legal clarity and reopened the space for the Mark-led faction to press ahead for the 2027 elections, it also coincided with a far more existential threat to the party’s survival.
In his intervention, Fagbemi argued that INEC has no discretion to retain political parties that have failed to satisfy the requirements of Section 225A of the 1999 Constitution (as amended), which empowers the electoral body to deregister non-performing parties.
“The continued existence of non-performing political parties will inflate the ballots, burden public funds, complicate election administration, and undermine the constitutional intention,” the AGF stated in an affidavit filed through a legal team led by Prof. Joshua Olatoke, SAN.
The suit, marked FHC/ABJ/CS/2637/2026 and filed by the National Forum of Former Legislators, contends that the ADC and the four other parties failed to secure the constitutionally mandated benchmarks in the 2023 general elections and subsequent by-elections.
Among the criteria cited are the requirement to win at least 25 per cent of votes in a state during a presidential election or secure at least one elective seat at the national, state, or local government level, thresholds the plaintiffs insist the affected parties did not meet.
According to the litigants, the continued recognition of these parties by INEC is not only unlawful but also detrimental to the integrity and efficiency of Nigeria’s electoral system.
They are asking the court to declare that INEC is constitutionally bound to deregister such parties and to compel the commission to act before preparations for the 2027 general elections gather momentum.
Additionally, the plaintiffs seek an order restraining the affected parties from participating in elections or engaging in political activities, including campaigns, rallies, and primaries.
Fagbemi, listed as the second defendant in the suit, aligned fully with the position, insisting that as the chief law officer of the federation, he is obligated to ensure strict compliance with constitutional provisions and electoral laws.
“Any failure or refusal by INEC to deregister these parties constitutes a continuing breach of constitutional duty,” he argued, adding that the right to political association is not absolute.
The timing of the suit has added a new layer of complexity to the ADC’s already turbulent internal dynamics.
The party has been embroiled in a protracted leadership crisis involving Senator David Mark, former Minister Rauf Aregbesola, and a rival faction led by Nafiu Bala, who claims entitlement to the chairmanship following the exit of the party’s founder, Ralph Nwosu.
The dispute had prompted INEC, citing conflicting court orders, to remove the names of Mark and Aregbesola from its official portal and to withhold recognition from any faction pending judicial resolution.
Although the Supreme Court has now voided the appellate court’s preservatory orders and directed a return to the trial court, the underlying leadership tussle remains unresolved.
Compounding the uncertainty is the broader judicial climate shaped by the apex court’s simultaneous decision to void the national convention of a faction of the Peoples Democratic Party (PDP) held in Ibadan in November 2025.
In that ruling, the court condemned the defiance of valid court orders by the faction led by Tanimu Turaki, SAN, describing it as an affront to the rule of law.
Political watchers have expressed concerns that the convergence of internal strife and external legal threats now poses an unprecedented challenge to the ADC, at a period precariously close to INEC’s deadlines for party primaries.