Attorney General Advocates for Deregistration of Political Parties
In a significant turn of events, the Attorney General of the Federation (AGF) has allied with former members of parliament in a push for the deregistration of the African Democratic Congress (ADC) along with four other political parties, citing their alleged non-compliance with constitutional stipulations.
The AGF is listed as the second defendant in a lawsuit filed last year by the corporate board of the National Forum of Former Legislators (NFFL). The suit, identified as FHC/ABJ/CS/2637/25, requests the Federal High Court to mandate the Independent National Electoral Commission (INEC) to enforce the deregistration of the parties named as defendants.
Initially, the lawsuit targeted only the ADC for potential deregistration. However, it has since been amended to include four additional political parties: the Accord Party, Action People’s Party (APP), Zenith Labor Party (ZLP), and Action Alliance (AA), all of which are argued to lack a constitutional basis for their continued existence.
Last week, the trial judge, Judge Riff, postponed the proceedings until early May for further deliberation on the matter.
In its official response to the lawsuit, the AGF has underscored the plaintiffs’ claims as “within the scope of its constitutional responsibilities.” Serving as the chief legal officer of the nation, the AGF positions himself as the protector and enforcer of the Constitution of the Federal Republic of Nigeria.
Invoking Article 150(1) of the Constitution (as amended), the AGF affirmed his role in upholding laws that govern electoral conduct, emphasizing the need to maintain constitutional principles in Nigerian politics. He asserted that supporting legal actions aimed at reinforcing constitutional compliance is a vital part of his duties.
The AGF further contended that INEC lacks the discretion to retain the registration of political parties that do not meet minimum legal standards as outlined in Article 225A of the Constitution. He expressed concerns that retaining non-performing parties would clutter ballots, unnecessarily drain public funds, complicate election logistics, and ultimately undermine the intent of Article 225A established in the 1999 Constitution.
The AGF characterized INEC’s ongoing recognition of the ADC, Accord Party, APP, ZLP, and AA as a persistent violation of its constitutional mandate, one that could be appropriately challenged through public interest litigation. The plaintiffs’ objective is to seek a judicial interpretation of the legal provisions regarding the registration and recognition of political parties in Nigeria.
The legal action was initiated by issuing a summons under sections 225(A) of the 1999 Constitution (as amended), section 75(4) of the Elections Act 2022, and corresponding provisions of the Federal High Courts (Civil Procedure) Rules 2019. The plaintiffs contend that INEC is constitutionally bound to deregister political parties that fail to achieve minimum electoral benchmarks, such as securing at least 25 percent of the votes cast in a state during presidential elections or winning seats at various levels of government.
In a supporting affidavit submitted by Mr. Igbokwe Raphael Nanna, the Chairman of the Board of Trustees and National Coordinator of the NFFL, the group has accused INEC of neglecting its constitutional responsibilities by continuing to recognize political parties that have, to date, failed to meet the necessary criteria since their registration.
The plaintiffs are pursuing a declaratory order that would require INEC to adhere to its constitutional obligations, alongside a permanent injunction that would prevent the commission from endorsing or allowing the political activities of the affected parties until full compliance is achieved. They argue that permitting such political parties to contest in the 2027 general elections would congest ballots, squander public resources, and jeopardize the integrity of the electoral process.
