The Federal High Court in Abuja on Wednesday ordered the Independent National Electoral Commission (INEC) to reinstate the registration process of Access Party and issue the party an access code to enable it to complete its registration as a political party.
Justice Obiora Atuegwu Egwuatu of Court 11, Federal High Court, Abuja Judicial Division, gave the order while delivering judgment in Suit No. FHC/ABJ/CS/2096/2025, filed by Dr. Audu Bulama Bukarti and Mr. Mevon Samuel, who sued for themselves and on behalf of members of Access Party, against INEC and the Democratic Leadership Party.
The court held that INEC acted unlawfully when it discontinued the party’s registration process over claims that its proposed logo was unsuitable and similar to that of the Democratic Leadership Party, an unregistered political association.
The plaintiffs told the court that Access Party submitted its application for registration on December 23, 2024, and exchanged correspondence with INEC before the commission issued a letter dated September 12, 2025, discontinuing the process.
According to the applicants, INEC based its decision on the party’s proposed logo, described as a detailed head of an animated eagle bearing the inscription “Access Party,” which the commission said was similar to that of the Democratic Leadership Party.
The plaintiffs argued that the logos were distinct and that INEC relied on the logo of an unregistered association to halt the registration process.
In his judgment, Justice Egwuatu declared that INEC’s letter dated September 12, 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), as well as Section 79 of the Electoral Act, 2022.
The court also declared that Access Party’s proposed logo was distinct and compliant with the relevant constitutional and statutory provisions governing political party registration.
Justice Egwuatu held that INEC’s reliance on the logo of the Democratic Leadership Party, which is not a registered political party, was arbitrary, unreasonable, and violated the principles of natural justice.
The court quashed INEC’s September 12, 2025, letter, describing it as null, void, and ultra vires.
The court further directed INEC to restore the registration process and issue the necessary access code to Access Party to enable it to download, complete, and submit Form EC 15A(1), alongside other required documents, including its constitution, manifesto, membership register, and minutes of the meeting that produced its National Executive Committee.
Justice Egwuatu also awarded N500,000 in costs against INEC.
Reacting to the judgment, the pro tem National Chairman of Access Party and first plaintiff, Dr. Audu Bulama Bukarti, said: “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.
“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.”
Bukarti urged INEC to comply with the judgment.
He said: “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.”
Counsel to the plaintiffs, Jude Akpevweoghene Daniel, said: “The court has sent an unambiguous message: administrative bodies in Nigeria must act lawfully, fairly, and within the confines of enabling statutes.
“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.”
