Parties registration: Courts ‘take over’ INEC’s job
By Andrew Agbese, Musa Luka Musa (Abuja), Mumini AbdulKareem (Ilorin) and Sani Ibrahim Paki (Kano) The Independent National Electoral Commission (INEC) has confirmed receiving a court judgement directing it to register the Citizens Democratic Alliance (CDA) as a political party. The commission, however, said it is reviewing the judgement and will take an official […]
By Andrew Agbese, Musa Luka Musa (Abuja), Mumini AbdulKareem (Ilorin) and Sani Ibrahim Paki (Kano)
The Independent National Electoral Commission (INEC) has confirmed receiving a court judgement directing it to register the Citizens Democratic Alliance (CDA) as a political party.
The commission, however, said it is reviewing the judgement and will take an official position after thoroughly studying the court’s decision.
Our correspondents report that a Federal High Court on Tuesday ordered INEC to register the CDA as a political party after the group insisted that it had applied for registration in December 2025, having earlier received provisional approval to proceed.
The association said it had submitted all the required documents for the verification of its leadership, officers and national headquarters by the commission and therefore should be registered.
The Chief Press Secretary and Media Adviser to the INEC Chairman, Mr Adebayo Oketola, who confirmed the development on Wednesday, said the commission was examining the implications of the judgement.
“The commission has received the judgement and it is being reviewed. The members of the commission will study it and make a decision in due course,” Oketola said.
Analysts, however, say the development could further reshape Nigeria’s political landscape ahead of the 2027 general elections.
Background to party registration
While party registration has been a continuous exercise, INEC said in September 2025 that it had received letters of intent from 110 associations seeking registration.
By September 11, 2025, the number had risen to 171. INEC said that after assessing the applications, 157 associations failed to meet the required criteria.
The 14 associations that qualified were the African Transformation Party (ATP), All Democratic Alliance (ADA), Advance Nigeria Congress (ANC), Abundance Social Party (ASP), African Alliance Party (AAP), Citizens Democratic Alliance (CDA), Democratic Leadership Alliance (DLA), Grassroots Initiative Party (GRIP), Green Future Party (GFP), Liberation People’s Party (LPP), National Democratic Party (NDP), National Reform Party (NRP), Patriotic Peoples Alliance (PPA) and Peoples Freedom Party (PFP).
On October 30, the commission said eight of the 14 pre-qualified associations, including the ADA, CDA and ASP, successfully uploaded all the required information and documentation for the next stage of registration.
At the end of the exercise, the electoral commission said only the DLA met all legal requirements and was subsequently registered.
However, many of the associations went to court, insisting that they had fulfilled all requirements and should be allowed to function as political parties.
Shortly afterwards, the NDC was registered by INEC following a court order despite not being among the pre-qualified associations.
In February, a Federal High Court in Abuja also ordered INEC to register the National Democratic Party (NDP) as a political party.
In March, another Federal High Court in Abuja ordered INEC to allow the Grassroots Initiative Party (GRIP) to complete its registration process.
In June, yet another court ordered INEC to reinstate the registration process of the Access Party (AP) and issue it an access code to enable it complete its registration.
These developments have led many to ask whether the courts are gradually taking over the functions of the electoral commission.
Beyond party registration, several election outcomes have also been determined by the courts.
Popular court-ordered election outcomes
Among such cases was the 2019 Supreme Court judgement nullifying the victories of all APC candidates in Zamfara State.
Following the judgement, all APC candidates declared winners of the state’s 36 elective positions, including National and State Assembly seats, lost their positions to candidates of the Peoples Democratic Party (PDP).
In 2020, the Supreme Court nullified the election of Emeka Ihedioha of the PDP as governor of Imo State and declared Hope Uzodinma of the APC the winner, despite Ihedioha having been sworn in on May 29, 2019.
The courts also overturned the victories of nearly all PDP candidates elected into the National and State Assemblies from Plateau State in the 2023 elections on the grounds that the party lacked valid structures when the primaries were conducted.
The rulings paved the way for APC candidates, who had earlier lost and accepted defeat, to be declared winners.
Politicians should reduce over-judicialisation of elections – INEC
Asked whether frequent court interventions in political matters could affect the commission’s preparations for the next general election, Oketola acknowledged that litigation often creates planning challenges for electoral management.
He said the commission had consistently urged political parties to uphold internal democracy and resolve disputes through established internal mechanisms instead of resorting to the courts.
“There is no doubt that recurring court judgements affect planning. But when members of political parties or factions disagree and decide to go to court, there is little the commission can do about it,” he said. He added that excessive litigation complicates preparations for elections and places additional pressure on stakeholders in the electoral process.
“That is why the commission always encourages political parties to maintain internal democracy and exhaust internal avenues for resolving differences and crises before going to court.
“We also encourage political actors to reduce the over-judicialisation of our democracy by resolving issues internally where possible,” he said.
Development raises concerns about judicial encroachment
Reacting to the development, a political scientist at the University of Ilorin, Dr Mohammed Alada, said the increasing trend of courts ordering INEC to register political parties raises concerns about judicial encroachment on the electoral body’s constitutional responsibilities.
According to him, while courts have the authority to review the actions of public institutions, frequent judicial directives on party registration could create the impression that the judiciary is gradually assuming functions assigned to INEC.
“The implication is that the court is gradually taking over the functions of INEC. There are laid-down guidelines for the registration and deregistration of political parties, yet we are now seeing courts directing INEC to register parties.
“This could encourage other political associations that fail to secure registration from INEC to seek judicial intervention, believing that the courts may grant similar reliefs,” he said.
Alada argued that the development mirrors a broader pattern of judicial intervention in Nigeria’s electoral process.
He cited instances where courts have played decisive roles in determining election outcomes.
“In situations where there are disputes over election results, I believe it is more appropriate for the courts to order a recount or fresh elections rather than directly determine winners.
“When the judiciary begins to perform functions that ordinarily belong to electoral authorities, it raises concerns about institutional boundaries and the balance of powers,” he said.
He warned that the growing role of the courts in electoral and political matters could have significant implications for the country’s democracy.
Another analyst, Dr Mohammed Idris Danjuma, expressed concern over what he described as the apparent lack of independence of the judiciary.
He argued that some court decisions appear to align with the interests of those in power.
He said democracy may not thrive under such circumstances, as public confidence in both the electoral and judicial processes could be undermined.
“The court does not seem to be independent and appears to be dancing to the tune of the government. Democracy cannot be free and fair in such a situation,” he said.
Danjuma also questioned how recent court-ordered party registrations align with the provisions of the Electoral Act 2022.
“Section 75(1) of the Electoral Act 2022 states that any political association seeking registration as a political party must submit its application to INEC not later than 12 months before a general election. So where do we place these developments in relation to the Electoral Act?
“There may be a need for a total review of the processes, or we need to clarify where these court decisions fit in, unless, of course, we are saying that the Electoral Act is no longer applicable,” he said.
However, the Head of the Department of Political Science, University of Ilorin, Dr Abdulkareem Edun, took a different view, describing the court’s decision as “a good development for the country’s democracy”.
According to him, the emergence of more political parties could deepen political participation, broaden democratic choices and strengthen multiparty democracy.
Professor Kamilu Sani Fage, a political scientist at Bayero University, Kano, described the ruling as a reaffirmation of the judiciary’s role as the ultimate interpreter of the law.
“The court is the final arbiter on what is legal and what is illegal. Once the court decides, everybody has no option but to abide by its ruling,” he said.
Fage stressed that the decision does not amount to interference in INEC’s internal affairs since the commission neither makes nor interprets laws.
However, he expressed doubt about the practical impact of registering a new party so close to the 2027 general elections.
“Given the time constraint, registering a new political party now is, I’m sorry to say, useless. There is no way a party can set up structures nationwide and mobilise effectively to contest the 2027 election,” he said.
On his part, Kano-based lawyer, Barrister Kamilu Ahmad Paki, said the constitution clearly empowers INEC to register political parties that meet stipulated requirements.
He noted that associations denied registration have the right to seek redress in court, which can compel INEC to act.
He described the court order on the CDA as a welcome development for Nigeria’s democracy.
“It shows that the rule of law is working. Any association that meets the constitutional requirements, such as having offices nationwide, a headquarters in Abuja and membership open to all Nigerians, must be registered. If INEC refuses, the courts will ensure justice,” he said.