By Nabeela Yusuf
Nigeria’s Attorney-General Lateef Fagbemi told a Federal High Court retaining parties without electoral wins breaches constitutional provisions and undermines electoral integrity.
Fagbemi urged the Abuja court to compel the Independent National Electoral Commission to deregister five parties failing statutory performance thresholds under Nigerian law.
The parties listed include African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party, according to court filings reviewed by multiple Nigerian outlets.
The case, marked FHC/ABJ/CS/2637/2026, centers on whether INEC must deregister parties not meeting constitutional electoral benchmarks without discretionary authority.
Fagbemi argued continued recognition of such parties constitutes a breach of constitutional duty and contradicts provisions governing political participation and party eligibility.
He stated the right to political association is conditional, requiring compliance with performance thresholds defined under Section 225A of the Constitution.
The suit was filed by the Incorporated Trustees of the National Forum of Former Legislators, naming INEC and the attorney-general as defendants.
The plaintiffs contend the affected parties failed to secure required vote shares or elective seats during the 2023 general election cycle. They argue retaining such parties violates the Electoral Act 2022 and weakens regulatory enforcement within Nigeria’s electoral system.
Fagbemi aligned with the plaintiffs’ position, supporting legal action compelling INEC to enforce constitutional provisions strictly. Court filings warn failure to deregister the parties would allow INEC to continue acting outside its constitutional mandate.
The Federal High Court in Abuja has scheduled hearings, with earlier proceedings adjourned to allow amendments to the originating summons. The legal push comes ahead of preparations for Nigeria’s 2027 general elections, raising stakes for political party compliance and participation.
Critics have raised concerns about political pluralism, warning deregistration could reduce opposition space and reshape electoral competition.
Government officials have rejected allegations of political targeting, maintaining the move enforces constitutional standards rather than suppressing dissent.
Nigeria’s Constitution empowers INEC to deregister parties failing to meet vote thresholds or secure representation at national or state levels.
Similar deregistration actions occurred after previous elections, including removals following the 2019 general election cycle under constitutional provisions. Legal analysts say the court’s decision could clarify limits of INEC’s discretion and define enforcement standards for party registration ahead of future elections.
