₦airaland Forum

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, arguing that their continued existence violates constitutional provisions and undermines Nigeria’s electoral integrity.

In court filings, the Attorney General contended that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by retaining parties that have failed to meet the minimum requirements prescribed by law.

The filing stressed that the right to associate as a political party is not absolute and must be exercised within constitutional limits. It further argued that it is in the interest of justice for the court to grant the reliefs sought by the plaintiffs.

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

The defendants include INEC as the first defendant and the Attorney General of the Federation as the second defendant, alongside five political parties: African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).

At the center of the issue in the case is whether INEC has a constitutional obligation to remove parties that fail to meet electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended) and reinforced by the Electoral Act 2022 and INEC’s own regulations.

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

They contend that the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to win seats across key tiers of government, yet continue to be recognised by INEC as eligible political platforms.

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

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

The suit asks the court to declare that INEC is duty-bound to deregister such parties and to compel the commission to do so before preparations for the 2027 elections advance further.

Beyond declaratory reliefs, the plaintiffs are also seeking far-reaching orders that would bar the affected parties from participating in the next general elections or engaging in political activities such as campaigns, rallies and primaries. They further request injunctions restraining INEC from recognising or dealing with the parties in any official capacity unless and until they comply strictly with constitutional provisions.

Central to the plaintiffs’ argument is their interpretation of the law as imposing a mandatory duty on INEC. They argue that the use of the word “shall” in the Constitution leaves no room for discretion once a party fails to meet the stipulated thresholds.

In their written address, they rely on statutory provisions and judicial precedents to contend that electoral performance is an objective condition that must be enforced to maintain discipline, transparency, and accountability in 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 duty-bound to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other laws governing elections in Nigeria.

The filing emphasised that the Attorney General’s role extends beyond litigation to preventive oversight, ensuring that laws are faithfully implemented to maintain public confidence in the electoral process. It described the case as a public interest litigation aimed at safeguarding democratic integrity and promoting constitutional observance.

According to the document, the Attorney General argued that citizens, including the plaintiff group, have the right to challenge constitutional breaches, particularly where electoral processes are concerned. 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 submission also highlighted the broader implications of non-compliance by political parties. It argued that the continued existence of parties that fail to meet constitutional thresholds contributes to ballot congestion, increases the cost of election administration, and undermines the intent of Section 225A of the 1999 Constitution (as amended), which empowers INEC to deregister underperforming parties.

The plaintiff further contended that INEC has no residual discretion to retain parties that do not satisfy the constitutional criteria, insisting that failure to deregister them constitutes a continuing breach of constitutional duty. The suit warned that such inaction could be challenged through public interest litigation, as is the case before the court.

Additionally, the filing noted that the plaintiff, comprising former legislators, possesses the requisite standing to institute the action, having been directly involved in the enactment and oversight of Nigeria’s constitutional and electoral framework.

The Attorney General also underscored the importance of access to justice, arguing that his support for the suit would help bridge gaps faced by citizens seeking to enforce constitutional rights. He maintained that collaboration between government institutions and civic actors is essential to strengthening legal literacy, accountability, and democratic participation.

The Attorney General of the Federation is represented in the suit by a team of lawyers 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 court filing before the Federal High Court in Abuja.

The case, which has drawn significant attention within political and legal circles, could have far-reaching implications for Nigeria’s party system ahead of future elections, particularly if the court grants the request to compel INEC to act against the affected parties.

Babangidapikin:
Who supplied the weed to him ?, so you just woke up at the eve of the election to realize this, Attorney General that chooses to be openly partisan. What make you think the APC has not also violated Constitutional Provisions . If you people don't want election leave office and let people who knows the will be measured by their key performance stay in office... You was to be masturbating in mediocrity.

Babangidapikin:
Who supplied the weed to him ?, so you just woke up at the eve of the election to realize this, Attorney General that chooses to be openly partisan. What make you think the APC has not also violated Constitutional Provisions . If you people don't want election leave office and let people who knows the will be measured by their key performance stay in office... You was to be masturbating in mediocrity.

Babangidapikin:
Who supplied the weed to him ?, so you just woke up at the eve of the election to realize this, Attorney General that chooses to be openly partisan. What make you think the APC has not also violated Constitutional Provisions . If you people don't want election leave office and let people who knows the will be measured by their key performance stay in office... You was to be masturbating in mediocrity.

press9jatv:
Breaking News; Attorney General asks Court to deregister ADC, Accord, three other parties

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, arguing that their continued existence violates constitutional provisions and undermines Nigeria’s electoral integrity.

In court filings, the Attorney General contended that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by retaining parties that have failed to meet the minimum requirements prescribed by law.

The filing stressed that the right to associate as a political party is not absolute and must be exercised within constitutional limits. It further argued that it is in the interest of justice for the court to grant the reliefs sought by the plaintiffs.

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

The defendants include INEC as the first defendant and the Attorney General of the Federation as the second defendant, alongside five political parties: African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).

At the center of the issue in the case is whether INEC has a constitutional obligation to remove parties that fail to meet electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended) and reinforced by the Electoral Act 2022 and INEC’s own regulations.

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

Babangidapikin:
Who supplied the weed to him ?, so you just woke up at the eve of the election to realize this, Attorney General that chooses to be openly partisan. What make you think the APC has not also violated Constitutional Provisions . If you people don't want election leave office and let people who knows the will be measured by their key performance stay in office... You was to be masturbating in mediocrity.

LagosOrigin:
This mad man should take his drugs because it's obvious he's losing his senses .

What a stupid idiot

SmartPolician:
Before you start making comments, you need to understand how your country works first. An Attorney General of the Federation is a government appointee serving its interests.

Secondly, while I am not the fan of this government, the AGF is only asking the court to do what the constitution says and he's not wrong for doing that.
All of you are commenting as if you don't understand the National Security implications of your actions and inactions

One of the problems we have in this country is that we have dumb people leading us. They never for one day sit down to study electoral acts and party guidelines....they are only interested in winning elections and looting money.

happney65:
When Seyi said on saturday that the actions that led to wetin of 1965 and the coup of January 1966 is still being repeated by politicians some of you were saying otherwise

Tinubu should continue. I want to see something.

He thinks he will only be the only one on the ballot in 2027? He should try it .

Parachoko:
Tinubu won't be the only one on the ballot.

Political Parties who do not deserve to partake in the election won't partake in it and Heaven won't fall

happney65:
Adeleke left the PDP and went to accord with no issues. Yet they want them to be deregistered. I'm even suspecting this might not be about the ADC alone. Maybe they just decided to add ADC to it.

Let him try it,and you will see if Heaven will fall or not.

Try it..

Babangidapikin:
You all are commenting as if you don't know the National Security Implications of your actions and inactions. I don't know who is advising you all .

SmartPolician:
Are you sure you know the meaning of this phrase you are throwing about? It seems you just learnt it.

seunmsg:
Have those political parties meet the minimum threshold in terms of electoral performance as required by Section 225A of the 1999 Constitution (as amended)? That is the discussion we should be having and not talking about who is supplying your weed.

Smoking weed or not is irrelevant to this discussion. The constitution is a guide for the survival of our democracy. If we want to continue as a democracy, we must always abide by the provisions of the constitution. So, those parties must prove they have met the requirement or they will get deregistered. By the way, this is not the first time political parties will be deregistered in Nigeria. It has been done before and it will still be done as the need arises.

Parachoko:
ADC won't be on the ballot in 2027

fergie001:
Should the AGF be responsible for filing the suit?
INEC doesn't file suits anymore?

INEC is not like the EFCC, ICPC & others that under the Office of the AGF. The AGF is not someone we don't know......the SC decision to send FAACs to LGs, has he implemented it? He will fail again!

seunmsg:
The AGF is the chief law officer of the Federation. He has the statutory responsibility to ensure the constitution of the Federal Republic of Nigeria is adhered to at all time. If INEC files the case, folks like you will still come out to call Amupitan so many unprintable names and then call for his resignation. So, let the AGF do his job and allow the affected political parties to defend themselves.

fergie001:
But is he not fighting for INEC now?
Chief FLaw Officer that can't obey judgements of the Supreme Court?
Chief FLaw officer that can't even probe criminals in his party?
Chief FLaw officer that is upholding Constitution like in Osun or FAAC?

He has come out openly, so we cannot keep on guessing anymore.

Yet folks like you still support him.....na wah

press9jatv:
stop your propaganda here. AGF Fagbemi have the right to ask for deregistration of parties that doesn't have any structures.

fergie001:
But is he not fighting for INEC now?
Chief FLaw Officer that can't obey judgements of the Supreme Court?
Chief FLaw officer that can't even probe criminals in his party?
Chief FLaw officer that is upholding Constitution like in Osun or FAAC?

He has come out openly, so we cannot keep on guessing anymore.

Yet folks like you still support him.....na wah

seunmsg:
The AGF is the chief law officer of the Federation. He has the statutory responsibility to ensure the constitution of the Federal Republic of Nigeria is adhered to at all time. If INEC files the case, folks like you will still come out to call Amupitan so many unprintable names and then call for his resignation. So, let the AGF do his job and allow the affected political parties to defend themselves.