The Attorney General of the Federation and Minister of Justice has joined a group of former lawmakers in a legal bid seeking to compel the Independent National Electoral Commission to deregister five political parties ahead of the 2027 general elections.
The move marks a significant development in the case before the Federal High Court in Abuja, where the AGF, though listed as a defendant, aligned with the plaintiffs in advocating for the removal of the affected parties.
The parties targeted in the suit include the African Democratic Congress, Action Alliance, Action Peoples Party, Accord Party, and Zenith Labour Party.
The AGF argued that the continued recognition of these parties violates constitutional provisions and undermines the integrity of Nigeria’s electoral system.
According to the Minister, unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by maintaining the registration of parties that have failed to meet the minimum legal requirements.
He further stated that the right to form or belong to a political party is not absolute and must be exercised within the limits set by the Constitution.
The suit, marked FHC ABJ CS 2637 2026, was filed by the Incorporated Trustees of the National Forum of Former Legislators, with INEC and the Attorney General listed as defendants alongside the five political parties.
At the core of the case is whether INEC is constitutionally obligated to deregister parties that fail to meet electoral performance thresholds as outlined in Section 225A of the 1999 Constitution as amended, as well as provisions of the Electoral Act 2022 and INEC regulations.
The plaintiffs argued that the affected parties failed to meet the required benchmarks during the 2023 general elections and subsequent by elections, including securing at least 25 percent of votes in a state during a presidential election or winning elective positions at various levels of government.
They maintained that INEC’s continued recognition of such parties is unlawful and detrimental to electoral integrity.
In a supporting affidavit, the forum’s National Coordinator, Igbokwe Raphael Nnanna, described the situation as unconstitutional and a violation of the legal framework governing elections.
The plaintiffs are seeking court declarations compelling INEC to deregister the parties and restraining them from participating in future elections or political activities unless they meet constitutional requirements.
They also argued that the use of the word “shall” in the Constitution imposes a mandatory duty on INEC, leaving no room for discretion once a party fails to meet the stipulated criteria.
In a formal notice filed under the Federal High Court Civil Procedure Rules 2019, the Attorney General acknowledged the plaintiff’s position in line with his constitutional responsibilities.
He stated that, as the chief law officer of the federation, he is obligated to uphold the Constitution and ensure compliance with electoral laws.
The filing described the case as a matter of public interest aimed at strengthening democratic accountability and ensuring adherence to constitutional provisions.
The AGF also noted that supporting such litigation aligns with his role in promoting access to justice and safeguarding citizens’ rights.
He further warned that allowing underperforming parties to remain registered contributes to ballot congestion, increases election costs, and undermines the intent of constitutional provisions governing party registration.
The Attorney General is represented in the matter by a legal team led by Prof Joshua Olatoke, Senior Advocate of Nigeria, alongside several other counsel.
