The Federal High Court in Abuja has dismissed a suit filed by the Labour Party (LP) seeking to compel the Independent National Electoral Commission (INEC) to accept and publish its list of candidates for the forthcoming Federal Capital Territory (FCT) Area Council elections scheduled for February 21, 2026.
In a judgment delivered on Wednesday, January 21, 2026, Justice Peter Lifu declined all reliefs sought by the plaintiffs—the Labour Party and its nominated candidates in the FCT—ruling that the suit was statute-barred and constituted pre-election litigation that failed to meet constitutional timelines.
The suit, marked FHC/ABJ/CS/2110/2025, challenged INEC's exclusion of LP candidates from the final list of political parties and aspirants published in September 2025. The plaintiffs argued that INEC unlawfully omitted not only the names of their duly nominated candidates but also the party's logo from the manifest of participating political parties for the Area Council polls.
According to court documents and submissions, the LP claimed that on September 8, 2025, it wrote a formal letter to the INEC Chairman protesting the exclusion and demanding rectification. A follow-up letter on October 2, 2025, reiterating the complaint, was allegedly ignored by the commission. The party contended that without judicial intervention, it would be unjustly barred from fielding candidates in the impending election, effectively disenfranchising its supporters in the FCT's six Area Councils: Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, and Kwali.
Justice Lifu, however, held that the matter qualified as pre-election litigation under the 1999 Constitution (as amended) and relevant provisions of the Electoral Act 2022. He emphasized that such cases must be instituted within strict time limits—typically 14 or 21 days from the accrual of the cause of action—to preserve the integrity of the electoral timetable and prevent undue disruption close to polling day.
The court found that the LP's cause of action arose from INEC's publication of the final candidate list in September 2025, yet the suit was filed well beyond the permissible window. Consequently, Justice Lifu declared the action statute-barred, dismissed it for lack of jurisdiction due to the time lapse, and refused to grant any orders compelling INEC to include the LP's candidates or logo.
This ruling aligns with INEC's longstanding position on the LP's participation in FCT elections. The commission had earlier attributed the exclusion to the party's prolonged internal leadership crisis, which escalated into multiple court battles. A pivotal Supreme Court judgment in Appeal No. SC/CV/56/2025 (Usman v. Labour Party), delivered on April 4, 2025, declared that the tenure of the Julius Abure-led National Executive Committee had expired. Despite this, the Abure faction proceeded with primaries for various elections, including the FCT Area Council polls and nationwide bye-elections held on August 16, 2025.
INEC maintained that it could not recognize nominations from a faction whose leadership status was judicially invalidated. In statements issued earlier in January 2026—following a protest by LP supporters at its Abuja headquarters on January 5—the commission explained that it withheld access codes for candidate uploads due to the unresolved disputes and pending litigations. It noted that several suits filed by the LP to compel issuance of codes had been dismissed or remained pending across various courts, including the Nasarawa State High Court, Federal High Court Abuja, and FCT High Court divisions.
An interim ex-parte order granted by the FCT High Court (Life Camp Division) on December 16, 2025, in Suit No. CV/4930/2025, temporarily directed INEC to upload LP candidates, but the order expired after seven days without extension. INEC described subsequent actions by the party as forum-shopping, insisting it would await final judicial resolutions before acting.
The FCT Area Council elections, conducted every four years under the supervision of INEC (unlike state local government polls handled by State Independent Electoral Commissions), are crucial for grassroots governance in Nigeria's capital territory. They cover chairmanship and councillorship positions across the six councils, affecting service delivery in areas like sanitation, primary education, roads, markets, and security coordination with federal authorities.
The exclusion of the Labour Party—the only one among 16 registered political parties absent from INEC's final list—has sparked controversy. LP supporters staged protests, alleging disenfranchisement and conspiracy, particularly citing the party's strong showing in the 2023 general elections (where its presidential candidate, Peter Obi, performed notably in the FCT). They demanded adherence to court orders and accused INEC of bias.
However, INEC reiterated its commitment to impartiality, the rule of law, and adherence to constitutional provisions. The commission stressed that political parties must resolve internal crises democratically and within legal frameworks to participate in elections.
The judgment compounds challenges for the Labour Party, which has been fractured since 2024 by rival factions: one led by Abure and another by Senator Esther Nenadi Usman (recognized by some courts as heading a caretaker committee). On the same day as this ruling, Justice Lifu delivered another decision in a related suit, affirming the Nenadi Usman-led caretaker committee as the valid authority pending a national convention, further sidelining Abure's faction.
Analysts view the dismissal as reinforcing judicial caution against late pre-election interventions that could derail electoral schedules. With less than a month until polling, the ruling effectively bars LP from contesting unless overturned on appeal—though the tight timeline makes success unlikely.
The development highlights ongoing tensions in Nigeria's multi-party democracy, where internal party disputes often spill into electoral processes. As the FCT prepares for the February 21 polls, attention shifts to other parties' campaigns amid calls for peaceful, credible voting.
INEC has assured stakeholders of its readiness, with voter education ongoing and security arrangements in place to ensure inclusivity for eligible participants.
