You Acted Unlawfully” – Court Directs INEC To Register New Party

According to IReporter Online, the Federal High Court sitting in Abuja has directed the Independent National Electoral Commission (INEC) to reinstate the registration process of the Access Party (AP) and issue it an access code to enable the completion of its registration as a political party in Nigeria.

Delivering judgment on Wednesday, Justice Obiora Atuegwu Egwuatu held that INEC acted unlawfully when it suspended the party’s registration over concerns relating to its proposed logo. The suit was instituted by Dr. Audu Bulama-Bukarti and Mevon Samuel on behalf of promoters of the proposed political party.

The plaintiffs had approached the court after INEC halted the registration process, citing that the Access Party’s logo was unsuitable and allegedly similar to that of the Democratic Leadership Party (DLP), an unregistered political association. The disputed emblem reportedly featured an animated eagle with the inscription “Access Party.”

In its ruling, the court declared INEC’s action ultra vires, unlawful, and inconsistent with relevant provisions of the 1999 Constitution (as amended) as well as the Electoral Act 2022. Justice Egwuatu further affirmed that the Access Party’s logo was distinct, appropriate, and compliant with legal requirements, noting that it did not breach any provisions governing political party registration.

The court also faulted INEC’s reliance on comparisons with an unregistered association, describing the decision as arbitrary, unreasonable, and contrary to the principles of natural justice. Consequently, the court set aside INEC’s letter, describing it as null, void, and without legal effect.

The court further ordered INEC to immediately restore the registration process, issue the Access Code, and allow the party to proceed with downloading, completing, and submitting Form EC 15A(1), along with all required documentation, including its constitution, manifesto, membership register, and records of its executive elections.

Reacting to the judgment, the pro tem National Chairman of the Access Party, Dr. Bulama-Bukarti, described the ruling as a major victory for democratic participation in Nigeria, insisting that the right to form political associations must not be arbitrarily restricted by regulatory bodies. He urged INEC to comply promptly with the court’s directive, citing the approaching 2027 general elections and the need to avoid unnecessary delays in the democratic process.

Counsel to the plaintiffs, Jude Akpevweoghene-Daniel, also welcomed the judgment, stating that it had clearly defined the limits of administrative discretion and reaffirmed that regulatory bodies must operate strictly within the law.