COURT OVERTURNS INEC DECISION, ORDERS REGISTRATION OF ABUNDANCE SOCIAL PARTY (ASP)

 

​ABUJA — In a major legal victory for political associations seeking entry into the nation’s political landscape, the Federal High Court in Abuja has quashed the decision of the Independent National Electoral Commission (INEC) to deny registration to the Abundance Social Party (ASP). The court declared the party "deemed registered" and ordered the electoral umpire to issue its official certificate of registration within seven days.  

​The landmark judgment, delivered on Tuesday, June 30, 2026, by His Lordship, Hon. Justice Obiora Atuegwu Egwuatu, strongly rebuked INEC for overstepping its statutory boundaries and introducing "extraneous requirements" outside the 1999 Constitution.  

​The Genesis of the Suit

​The legal battle began after Frank Nkem Oruwa and Oripelaye Sikiru Ismaila—suing for themselves and as representatives of the ASP—filed an Originating Summons on December 31, 2025. They challenged an INEC letter dated December 18, 2025, which rejected their application to operate as a full-fledged political party.  

​INEC’s primary defense rested on the grounds that the ASP’s headquarters address provided in its initial 2023 letter of intent (located in Gwagwalada) was "at variance" with the address uploaded to the registration portal and later physically verified by commission officials in December 2025 (located in Garki). The Commission claimed the party had supplied "false information" and failed to notify them of the change.  

​Furthermore, INEC argued that it had up to 90 days under Section 75(3) of the Electoral Act 2022 to communicate a refusal.  

​The Court's Ruling: Section 222 Cannot Be Enlarged

​In analyzing the case, Justice Egwuatu highlighted that the primary requirements for forming a political party are exhaustively laid out in Sections 222 to 224 of the 1999 Constitution. Specifically, Section 222(f) only mandates that an association's headquarters must be situated within the Federal Capital Territory (FCT), Abuja.  

​The Court noted:

​No Law Broken: Both the Gwagwalada and Garki addresses fall squarely within the FCT.  

​INEC Deemed to Accept: INEC had actively sent all statutory verification correspondences and its ultimate rejection letter to the new Garki address. Therefore, the commission could not claim it was misled.  

​Ultra Vires: The court ruled that INEC lacks the power to introduce a prior notification of change of address as a condition for registration.  

​"The law is settled that where a statute prescribes conditions for the exercise of a right, no other condition can be added by authority or persons to enlarge its powers," Justice Egwuatu stated, citing long-standing Supreme Court precedents.

  

​The 60-Day "Automatic" Deeming Clock

​The turning point of the judgment centered on the statutory timeline under Section 75(4) of the Electoral Act, 2022. The provision dictates that once an association meets constitutional conditions, INEC must register it within 60 days, or explicitly inform it otherwise. If 60 days pass without communication, the party is automatically "deemed registered".  

​The record showed that ASP successfully uploaded all required documents to the INEC portal on October 16, 2025. INEC did not issue its rejection letter until December 18, 2025—amounting to 65 days later.  

​Justice Egwuatu ruled that by the time INEC issued its rejection, the statutory 60-day window had already lapsed, rendering the commission's refusal legally void as the party had automatically gained legal status five days prior.  

​A Blunt Warning to INEC

​Before concluding, Justice Egwuatu issued a stern piece of advice to the electoral commission regarding its habit of issuing blanket rejection letters.  

​The court criticized INEC's standard practice of giving a broad, unspecific phrase—such as stating an application "failed to comply with all requirements of Sections 222-224"—without pointing out the specific documentary or factual deficiency. The judge noted that being explicit would drastically reduce unnecessary and time-consuming litigations crowding the courtrooms.  

​Final Orders Granted:

​Declaration that INEC cannot regulate pre-registration activities of political associations.  

​Declaration that ASP is legally "deemed registered" as a political party in Nigeria.  

​An Order quashing INEC’s rejection letter of December 18, 2025.  

​A Mandatory Order directing INEC to issue a certificate of registration to the Abundance Social Party (ASP) within 7 days of being served the court order.  

​The plaintiffs were represented by L.I. Agu and A.A. Ramatu, while Hassan Aminu appeared for INEC.