The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has thrown his weight behind a legal action seeking to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged non-compliance with constitutional requirements.
In court processes filed before the Federal High Court in Abuja, the AGF argued that the continued recognition of the affected parties violates provisions of the 1999 Constitution (as amended) and undermines the integrity of Nigeria’s electoral system.
He maintained that INEC has a constitutional obligation to remove political parties that fail to meet stipulated performance thresholds, warning that failure to do so amounts to a breach of duty.
“The 1st Defendant has no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under section 225A of the Constitution.
“The continued existence of non-performing political parties will inflate the ballots, burden public funds, complicate election administration, and undermine the constitutional intention behind section 225A of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Any failure or refusal of the 1st Defendant to deregister the 3rd to 7th Defendants as political parties constitutes a continuing breach of constitutional duty, capable of being challenged by way of public interest litigation.
“Unless this Honourable Court intervenes, the 1st Defendant (INEC) will continue to act in breach of its constitutional duty to deregister the 3rd to 7th Defendants—parties that have failed to meet the constitutional threshold—as the right to associate as a political party under the Constitution is not absolute,” the AGF added.
Aside from the ADC, the other political parties listed in the suit are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the National Forum of Former Legislators, which is seeking judicial interpretation of INEC’s obligations under Section 225A of the Constitution, as reinforced by the Electoral Act 2022 and the Commission’s regulations.
The plaintiff argued that the affected parties failed to meet key constitutional benchmarks, including securing at least 25 per cent of votes in a state during a presidential election or winning elective seats at the national, state, or local government levels.
According to the litigants, the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to secure representation across critical tiers of government.
They contended that the continued existence of the parties as registered political entities is unlawful and detrimental to the electoral process.
Among the reliefs sought, the plaintiffs are asking the court to declare that INEC is duty-bound to deregister the parties and to compel the Commission to do so ahead of preparations for the 2027 general elections.
They are also seeking an order restraining the affected parties from participating in elections or engaging in political activities, including campaigns, rallies, and primaries, unless they comply fully with constitutional provisions.
While INEC is listed as the first defendant in the matter, the AGF is joined as the second defendant.