Federal High Court Orders INEC to Reinstate Another Party’s Registration, Gives Reason

• A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) acted unlawfully in halting the registration of Access Party
• The court ordered INEC to reinstate the process and provide the party with an Access Code to complete its application
• Dr. Audu Bulama Bukarti hailed the judgment as a victory for democracy and the constitutional right to political participation

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A Federal High Court sitting in Abuja has directed the Independent National Electoral Commission (INEC) to reinstate the registration process of the Access Party and issue it with an Access Code to complete its application.

The judgment, delivered by Hon. Justice Obiora Atuegwu Egwuatu on Wednesday in Suit No. FHC/ABJ/CS/2096/2025, declared that INEC acted unlawfully when it discontinued the process over claims of logo unsuitability.

Background to the case

Access Party had lodged its intent to register with INEC on December 23, 2024. Despite months of correspondence and acknowledgment of its pending application, INEC halted the process, citing similarities between the party’s eagle-themed logo and that of the Democratic Leadership Party (DLP), an unregistered association.

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The plaintiffs argued that the logos were distinct and that INEC had no legal grounds to rely on the symbol of an unregistered group to block their registration.

Court’s findings on INEC’s actions

The court granted all principal reliefs sought by the plaintiffs. It ruled that INEC’s letter dated September 12, 2025, was ultra vires, unlawful, and inconsistent with Sections 40, 222 and 224 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 79 of the Electoral Act, 2022.

The statement issued by Access Party highlighted the court’s position:

“The court further declared that Access Party’s proposed logo is distinct, suitable and fully compliant with the relevant constitutional and statutory provisions, and does not contravene any legal requirements for registration as a political party.”

The court also held that INEC’s reliance on the logo of the DLP was arbitrary, unreasonable, and a violation of natural justice.

Orders issued by the court

The ruling quashed INEC’s September 12, 2025 letter and ordered the commission to:

- Reinstate registration of Access Party.

- Issue the Access Code to enable submission of Form EC 15A(1) with required documents, including the party’s Constitution, Manifesto, membership register, and NEC election minutes.

- Pay N500,000.00 in damages to Access Party.

Reaction from Access Party

Dr. Audu Bulama Bukarti, the first plaintiff in the suit, hailed the judgment as a democratic victory. He stated:

“Today’s judgment is a victory not just for Access Party, but for every Nigerian who believes that the right to form and belong to a political party is a fundamental constitutional right that cannot be arbitrarily extinguished by any government agency.”

He further emphasised that INEC, as a constitutional body, must operate within its boundaries and not use bureaucratic irregularities to suppress political participation.

Court asked to order INEC to deregister NDC

Legit.ng earlier reported that a fresh legal challenge has emerged against the Nigerian Democratic Congress (NDC) ahead of the 2027 general elections, with a Federal High Court in Abuja asked to order the Independent National Electoral Commission (INEC) to withdraw recognition of the party.