Court orders INEC to register Access Party, says logo rejection unlawful

The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission, INEC, to reinstate the registration process of Access Party, AP, and issue the party with an Access Code to enable it to complete its registration as a political party in Nigeria.

Recall that Dr. Audu Bulama-Bukarti and Mevon Samuel, on behalf of all members of Access Party had dragged INEC to court, following its decision to discontinue the registration process of their party over the party’s proposed logo – a detailed head of an animated eagle with “Access Party” inscribed across it.

The electoral umpire, in its letter dated September 2025, had said the Access Party’s proposed logo was unsuitable and similar to that of the Democratic Leadership Party, DLP, an unregistered political association.

Delivering the judgment on Wednesday, Justice Obiora Atuegwu Egwuatu of Court 11 ruled that the electoral body acted unlawfully when it discontinued the process over an alleged logo unsuitability.

Mr Egwuatu declared that INEC’s letter 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 its ruling 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, therefore, quashed INEC’s letter 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.

The court awarded costs of ₦500,000.00 against INEC.

Reacting to the development, Mr Bulama-Bukarti, the pro tem National Chairman of Access Party and the first plaintiff in the suit, hailed the judgment as a triumph for Nigeria’s democratic order.

He 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.”

Mr Bulama-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.

“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.”

DAILY NIGERIAN reports that 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.
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