A Senior Advocate of Nigeria and human rights lawyer, Dr Monday Ubani (SAN), has faulted the Federal High Court judgment ordering INEC to deregister the ADC and four other political parties, describing it as a troubling encroachment on the constitutional autonomy of the electoral commission.
Ubani, a former NBA Ikeja Chairman, argued that the ruling raises unresolved questions about judicial authority and the constitutional powers granted to INEC.
He maintained that courts cannot dictate to INEC how to exercise its constitutional responsibilities, emphasising that the commission is an independent body tasked with specific electoral functions.
“In a democratic framework, the courts should not attempt to direct a constitutionally independent body on how to manage its discretionary responsibilities,” Ubani stated.
The senior lawyer also identified three key issues requiring appellate clarification: whether Section 225A imposes a mandatory duty or one reliant on INEC’s assessment; whether the claimants had legal standing; and whether the court’s order represented an improper substitution of administrative discretion.
He noted that while the Supreme Court upheld INEC’s power to deregister parties in NUP v. INEC, it did not automatically turn that power into an enforceable duty that any interested party could compel through litigation.
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