Metro

 The Attorney General has approached the court seeking the deregistration of the African Democratic Congress, Accord Party, and three other political parties.

The Attorney General of the Federation has asked the Federal High Court in Abuja to direct the Independent National Electoral Commission to deregister five political parties, arguing that their continued existence breaches constitutional provisions and weakens the integrity of Nigeria’s electoral system.

In court filings, the Attorney General argued that without judicial intervention, the Independent National Electoral Commission would continue to act in violation of its constitutional responsibilities by retaining parties that have not met the minimum legal requirements.

The submission emphasized that the right to form or belong to a political party is not absolute but subject to constitutional provisions. It added that granting the reliefs sought by the plaintiffs would serve the interest of justice.

The suit, marked FHC/ABJ/CS/2637/2026 and filed at the Abuja Judicial Division of the Federal High Court, names the Incorporated Trustees of the National Forum of Former Legislators as the plaintiff.

Listed as defendants are the Independent National Electoral Commission as the first defendant and the Attorney General of the Federation as the second, alongside five political parties: the African Democratic Congress, Action Alliance, Action Peoples Party, Accord Party, and the Zenith Labour Party.

At the heart of the case is whether INEC has a constitutional duty to deregister political parties that fail to meet the electoral performance thresholds outlined in Section 225A of the 1999 Constitution (as amended), as well as provisions of the Electoral Act 2022 and the commission’s regulations.

The plaintiffs contend that the affected parties have consistently failed to meet the constitutional criteria required to retain their registration. These benchmarks include securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.

They argue that the parties recorded poor performances in the 2023 general elections and subsequent by-elections, failing to secure seats across key levels of government, yet continue to be recognised by the Independent National Electoral Commission as eligible political platforms.

The plaintiffs insist that this continued recognition is unlawful and weakens the integrity of Nigeria’s electoral system.

In an affidavit supporting the suit, the forum’s national coordinator, Igbokwe Raphael Nnanna, stated that allowing parties that have not met constitutional requirements to remain registered “is unconstitutional, illegal and a violation” of the established legal framework.

The suit urges the court to declare that the Independent National Electoral Commission is obligated to deregister such parties and to compel the commission to act before preparations for the 2027 elections progress further.

In addition to declaratory reliefs, the plaintiffs are seeking sweeping orders to bar the affected parties from participating in the next general elections or engaging in political activities such as campaigns, rallies, and primaries. 

They also request injunctions preventing INEC from recognising or dealing with the parties in any official capacity unless they fully comply with constitutional requirements.

At the core of their argument is the claim that the law imposes a mandatory duty on INEC. According to the plaintiffs, the use of the word “shall” in the Constitution leaves no room for discretion once a party fails to meet the prescribed thresholds.

In their written address, they cite statutory provisions and judicial precedents to argue that electoral performance is an objective standard that must be enforced to ensure discipline, transparency, and accountability within the political system.

Attorney General backs plaintiff

In a notice filed pursuant to Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2019, the Attorney General—who is a defendant in the suit—formally admitted the plaintiff’s case to the extent of his constitutional responsibilities.

He maintained that, as the chief law officer of the federation, he is obligated to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other laws governing elections in Nigeria.

The filing further highlighted that the Attorney General’s role goes beyond courtroom litigation to include preventive oversight, ensuring that laws are properly implemented to sustain public confidence in the electoral process. It described the case as a public interest action aimed at protecting democratic integrity and promoting adherence to constitutional provisions.

According to the document, the Attorney General also argued that citizens, including the plaintiff group, have the right to challenge constitutional violations, particularly in matters relating to electoral processes. He added that supporting such litigation aligns with his dual role as both a defender of the state and an advocate for citizens’ rights.

The filing also stated that the plaintiff, made up of former legislators, has the requisite legal standing to bring the action, having played direct roles in the formulation and oversight of Nigeria’s constitutional and electoral framework.

The Attorney General further emphasised the importance of access to justice, arguing that his position in support of the suit would help address challenges faced by citizens in enforcing constitutional rights. He maintained that cooperation between government institutions and civic stakeholders is vital to strengthening legal awareness, accountability, and democratic participation.

The Attorney General of the Federation is represented in the suit by a legal team led by Prof. J. O. Olatoke, SAN, alongside O. J. David, U. O. Olufadi, D. O. Bamidele, V. D. Maiye, Waheed Abdulraheem, and A. K. Abdulmumin, all of whom signed the filing before the Federal High Court in Abuja.

The matter has attracted considerable attention within political and legal circles and could have significant implications for Nigeria’s party system ahead of future elections, especially if the court grants the request to compel the Independent National Electoral Commission to take action against the affected parties.