Civic Action for Democracy (CAD) on Tuesdayi filed a suit at the Federal High Court in Owerri, seeking an order compelling the Independent National Electoral Commission (INEC) to remove the Action Peoples Party (APP) from its register of political parties.
The suit, marked FHC/CS/03/2026, challenges what CAD described as INEC’s continued and unlawful retention of APP in its database despite the party’s deregistration in 2020.
Addressing journalists at the court premises after filing the action, Executive Director of CAD, Mazi Franklin Ngoforo, said the case was instituted to halt what he termed a “sustained fraud against Nigeria’s constitutional order.”
“This action is about enforcing the Constitution and protecting the integrity of Nigeria’s electoral system. APP was lawfully deregistered on February 6, 2020, and has no legal existence whatsoever,” Ngoforo told newsmen.
He said CAD was asking the court to declare that INEC’s claim of a subsisting court order restraining the deregistration of APP was false, insisting that no such order was ever issued by any court of competent jurisdiction.
“For nearly six years, INEC has failed to produce this so-called court order. There is no suit, no case file, no ruling, no injunction. What we are dealing with here is a fabrication designed to cover up institutional wrongdoing,” he said.
Ngoforo noted that the Supreme Court had, in March 2022, affirmed the legality of INEC’s 2020 deregistration exercise, stressing that the judgment was final and binding on all authorities, including INEC.
“You cannot defy the Supreme Court and still claim to be operating under the rule of law. INEC has a mandatory duty to delist APP, and that duty cannot be waived by administrative excuses,” he stated.
He disclosed that the suit seeks multiple reliefs, including orders of mandamus compelling INEC to immediately remove APP from its register and injunctions restraining the party from participating in any electoral process.
Ngoforo added that CAD had also filed a motion for interlocutory injunction to stop APP from fielding candidates or being recognised by INEC pending the determination of the substantive suit.
“The danger is obvious. If a deregistered party is allowed to participate in the 2027 elections, the entire process risks being fundamentally compromised from the outset,” he warned.
He further alleged that APP had participated in elections after its deregistration, describing such actions as illegal and incapable of conferring legitimacy on a non-existent political party.
“What you have is a political structure operating outside the law, using institutional compromise to gain access to the ballot. That is precisely the kind of illegality this suit is designed to stop,” Ngoforo said.
He emphasised that the action was preventive rather than reactive, arguing that waiting until after the 2027 elections to address the issue could trigger a wider constitutional crisis.
“This is about stopping a foreseeable disaster before it happens. Once an illegal party participates in a general election, the damage becomes irreparable,” he said.
Ngoforo maintained that the suit was not politically motivated, stressing that CAD had no affiliation with any political party and was acting solely in defence of constitutional governance.
