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AGF Backs Suit Seeking Deregistration of Five Political Parties

Soliu Oyesiji, April 30, 2026April 30, 2026

The Attorney General of the Federation has urged the Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to deregister five political parties over alleged failure to meet constitutional requirements.

The suit, marked FHC/ABJ/CS/2637/2026, was filed by the Incorporated Trustees of the National Forum of Former Legislators.

The defendants in the case include INEC, the Attorney General of the Federation, and five political parties — African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).

At the heart of the dispute is whether INEC is constitutionally bound to deregister political parties that fail to meet performance thresholds stipulated under Section 225A of the 1999 Constitution (as amended).

The plaintiffs argued that the affected parties failed to meet the benchmarks, including securing at least 25 per cent of votes in a state during presidential elections or winning elective seats at the federal, state, or local government levels.

They maintained that the parties performed poorly in the 2023 general elections and subsequent by-elections but continue to enjoy recognition by INEC.In an affidavit, the forum’s National Coordinator, Igbokwe Raphael Nnanna, stated that allowing such parties to remain registered “is unconstitutional, illegal and a violation” of the legal framework governing elections.

The suit is seeking a declaration that INEC is duty-bound to deregister the parties and an order compelling the commission to act before preparations for the 2027 general elections advance further.

It also asked the court to restrain the affected parties from participating in future elections or engaging in political activities, including campaigns and primaries, until they comply with constitutional provisions.

The plaintiffs argued that the use of the word “shall” in the Constitution imposes a mandatory obligation on INEC, leaving no room for discretion.

“The continued recognition of these parties undermines the integrity of Nigeria’s electoral system,” the plaintiffs submitted.

In a notice filed under Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2019, the Attorney General supported the suit, aligning with the plaintiff’s position within the scope of his constitutional duties.He stated that, as chief law officer of the federation, he is obligated to uphold the Constitution and ensure compliance with electoral laws.

“The Attorney General is duty-bound to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other laws governing elections,” the filing stated.

The document described the case as a public interest litigation aimed at strengthening democratic integrity and enforcing constitutional provisions.

It further argued that the continued existence of underperforming parties contributes to ballot congestion, increases election costs, and undermines the intent of the Constitution.

“The plaintiff, comprising former legislators, has the requisite standing to institute this action, having participated in the enactment and oversight of Nigeria’s electoral framework,” the filing added.

The Attorney General is represented by a legal team led by Prof. J. O. Olatoke.

The case, which is attracting attention across political and legal circles, is expected to have significant implications for Nigeria’s party system ahead of the 2027 general elections.

Politics Attorney General of the FederationFederal High Court in AbujaLateef Fagbemi (SAN)

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