The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to reinstate the registration process of Access Party (A.P.) and issue the party with an Access Code to enable it to complete its registration as a political party in Nigeria.
The court also ruled that the electoral body acted unlawfully when it discontinued the process over an alleged logo unsuitability.
Hon. Justice Obiora Atuegwu Egwuatu of Court 11 of the Federal High Court, Abuja Judicial Division, delivered the landmark judgment on Wednesday in Suit No. FHC/ABJ/CS/2096/2025, between Dr. Audu Bulama Bukarti and Mr Mevon Samuel – suing for themselves and on behalf of all members of Access Party – against INEC and the Democratic Leadership Party (DLP).
The court granted all the principal reliefs sought by the plaintiffs, marking a comprehensive victory for the party in its months-long battle with the electoral commission.
Background
Access Party had lodged its intent to register as a political party with INEC on 23rd December 2024. After months of correspondence and public acknowledgment by INEC of the party’s pending application, the electoral body in September 2025 delivered a letter dated 12th September 2025, discontinuing the registration process on the grounds that the party’s proposed logo – a detailed head of an animated eagle with “Access Party” inscribed across it – was unsuitable and similar to that of the Democratic Leadership Party (DLP), an unregistered political association.
Read Also:The Movement, Access Party condemn INEC’s rejection, threaten legal action
The plaintiffs challenged the decision in court, arguing that the two logos were clearly distinct, that INEC had acted arbitrarily and in violation of the principles of natural justice, and that the commission had no lawful basis to rely on the logo of an unregistered association to block a registration that was otherwise compliant with the Nigerian Constitution and the Electoral Act, 2022.
The Judgment
In its judgment, the court declared that INEC’s letter of 12th September 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 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.
In a significant finding on administrative fairness, the court held that INEC’s reliance on the logo of the DLP — an unregistered association — as a basis for discontinuing the plaintiffs’ registration was arbitrary, unreasonable, and a violation of the principles of natural justice.
The court accordingly quashed INEC’s letter of 12th September 2025 as null, void and ultra vires.
Critically, the court ordered INEC to reinstate the registration process of Access Party and to issue the requisite Access Code to enable the party to download, fill and submit Form EC 15A(1) along with accompanying documents, including its Constitution, Manifesto, membership register and minutes of the meeting for the election of its National Executive Committee (NEC).
Read Also:Court nullifies INEC deadline for parties’ membership register submission ahead of 2027 polls
The court awarded costs of Five Hundred Thousand Naira (₦500,000.00) against INEC.
Reacting to the court ruling, Dr. Audu Bulama Bukarti, protem National Chairman of Access Party and the first plaintiff in the suit, hailed the judgment as a triumph for Nigeria’s democratic order.
“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,” Dr. Bukarti said. “INEC is a creation of the Constitution and must operate within its boundaries. The court has affirmed that no bureaucratic irregularity can be used as a tool to suppress political participation. We are gratified, and we look forward to taking our place in Nigeria’s political arena.”
Dr. Bukarti also issued a direct call on INEC to comply with the court’s order without delay. “I urge INEC to respect the decision of this court and act on it immediately. The 2027 elections are around the corner, and every day of delay is a day stolen from millions of Nigerians who wish to participate in the democratic process through Access Party. INEC must issue our Access Code promptly and expedite all remaining processes so that we can complete our registration and take our rightful place in the 2027 general elections. We will be watching, and so will the Nigerian public.”
Lead counsel for the plaintiffs, Jude Akpevweoghene Daniel, described the court verdict as a clear judicial statement on the limits of INEC’s administrative discretion.
Read Also:INEC to engage 1.4m corps members for 2027 elections
“The court has sent an unambiguous message: administrative bodies in Nigeria must act lawfully, fairly and within the confines of enabling statutes,” Mr. Daniel said. “INEC cannot invent extra-legal tests to block the registration of a political association that has fulfilled every constitutional and statutory requirement. This is a victory for the rule of law, and we are proud to have secured it for our clients and for Nigerian democracy.”
Significance
The ruling is expected to have broad implications for how INEC handles the registration of new political parties, particularly with Nigeria’s 2027 general elections on the horizon. Access Party had cited its intention to participate in the FCT Area Councils elections and the 2027 general elections, both of which were threatened by INEC’s now-quashed decision.
