The Federal High Court in Owerri, Imo State, has ruled that the Independent National Electoral Commission (INEC) must retain the Action Peoples Party (APP) as a registered political party. Justice Iniekenimi Oweibo delivered the judgment on June 2, 2026, in suit number FHC/OW/CS/39/2026, dismissing a legal challenge brought by Mazi Ngororo Chinazo. The plaintiff had sought a declaration that INEC could not continue to recognise the APP, claiming it was deregistered during INEC's February 6, 2020 exercise under Sections 225, 225A of the Constitution and Section 94 of the Electoral Act 2022.
Justice Oweibo ruled that the plaintiff failed to prove the APP was among the parties deregistered in 2020. The court noted the APP had previously secured a restraining order from the High Court of the Federal Capital Territory, which remains in force. It held that INEC has no authority to remove a party not lawfully deregistered, and doing so would violate the Constitution and Electoral Act 2022. The judge dismissed all five issues raised in the suit and rejected every relief sought by the plaintiff.
The court described the lawsuit as one that ought not to have been filed, stating the plaintiff knew the APP had not been deregistered and was aware of prior court rulings affirming its status. Justice Oweibo ruled the suit was a waste of judicial time and resources. The court awarded ₦10 million in costs to INEC and another ₦10 million to the APP. The judgment allows the APP to remain on the ballot for the 2027 general election unless overturned by a higher court. This decision contrasts with a separate Federal High Court ruling in Abuja, which reportedly ordered INEC to deregister the APP along with four other parties.
The plaintiff challenged the APP's registration despite knowing courts had already protected its status, raising questions about the intent behind the lawsuit. The ₦20 million in awarded costs suggests the judiciary views such repetitive litigation as an abuse of process. This outcome gives the APP legal backing to contest the 2027 election, at least until higher courts intervene. The conflicting rulings from Owerri and Abuja now create confusion over which decision INEC must follow.
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