The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN
The Attorney General of the Federation (AGF) has formally thrown his weight behind a legal bid to compel the Independent National Electoral Commission (INEC) to deregister five political parties for failing to meet constitutional performance thresholds.
In a move that could significantly reshape Nigeria’s political landscape ahead of the 2027 general elections, the AGF argued before the Federal High Court in Abuja that the continued recognition of underperforming parties undermines the integrity of the nation’s electoral system and violates the 1999 Constitution (as amended).
The Parties at Risk
The suit, marked FHC/ABJ/CS/2637/2026, specifically targets five organizations:
-
African Democratic Congress (ADC)
-
Action Alliance (AA)
-
Action Peoples Party (APP)
-
Accord (A)
-
Zenith Labour Party (ZLP)
Legal Grounds for Deregistration
The litigation was initiated by the Incorporated Trustees of the National Forum of Former Legislators. The plaintiffs contend that these parties failed to satisfy the mandatory requirements set out in Section 225A of the Constitution, which requires a political party to, at minimum:
-
Win at least 25% of the votes in at least one state during a Presidential election; or
-
Secure at least one elective seat at the Federal, State, or Local Government level.
The forum, represented by national coordinator Igbokwe Raphael Nnanna, asserts that because these parties failed to secure seats during the 2023 general elections and subsequent by-elections, INEC is constitutionally "duty-bound" to strike them from the register.
The Attorney General’s Position
In a notable legal twist, the AGF though listed as the second defendant filed a notice admitting to the plaintiffs' claims. Represented by a legal team led by Prof. J. O. Olatoke, SAN, the AGF argued that his role as the Chief Law Officer of the Federation necessitates upholding the Electoral Act and ensuring constitutional compliance.
"The right to associate as a political party is not absolute and must be exercised within constitutional limits," the filing stated, adding that the "shall" in Section 225A leaves INEC with no discretionary power to retain non-compliant parties.
The AGF further highlighted the practical implications of "ballot congestion," noting that the presence of non-viable parties increases the cost of election administration and confuses the electorate.
Sought Reliefs
The suit seeks far-reaching judicial interventions, including:
-
Mandatory Injunctions: Compelling INEC to deregister the five parties immediately.
-
Restraining Orders: Barring the affected parties from participating in campaigns, rallies, primaries, or any official political activities for the 2027 cycle.
-
Declaratory Reliefs: Affirming that INEC’s failure to act constitutes a continuing breach of its constitutional duty.
Broader Implications
The plaintiffs argue that as former legislators, they possess the requisite standing (locus standi) to bring the suit, having been instrumental in the oversight of the very laws now in question.
Should the Federal High Court rule in favor of the plaintiffs, the decision would set a rigorous precedent for political party accountability in Nigeria, potentially narrowing the field to only those organizations capable of maintaining a baseline of public support and electoral success.
The court has yet to announce a date for the definitive ruling on the matter.