Pat Stevens/
The Attorney General of the Federation, Lateef Fagbemi, has thrown his weight behind a legal push to compel the Independent National Electoral Commission to deregister five political parties, warning that continued recognition of underperforming parties could amount to a breach of the constitution.
In filings before the Federal High Court in Abuja, the AGF aligned with the core arguments of the plaintiffs, insisting that INEC is bound by law to remove parties that fail to meet clearly defined electoral thresholds.
The case, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators, which is seeking orders to compel INEC to delist the African Democratic Congress, Action Alliance, Action Peoples Party, Accord Party, and Zenith Labour Party.
At the centre of the dispute is whether INEC has any discretion to retain parties that have consistently failed to meet the constitutional benchmarks set out in Section 225A of the 1999 Constitution, as amended.
The AGF, though listed as a defendant in the suit, filed a notice supporting the plaintiffs’ position in line with his constitutional responsibility as the chief law officer of the federation.
He argued that his role extends beyond defending government institutions to ensuring that all public bodies comply with the law.
According to the filing, allowing political parties that have not met the required electoral performance thresholds to remain registered undermines both the letter and spirit of the Constitution.
The AGF warned that such inaction could erode public confidence in the electoral process and weaken the integrity of Nigeria’s democracy.
The plaintiffs had argued that the affected parties failed to secure the minimum electoral outcomes required by law, including winning at least 25 percent of votes in a state during a presidential election or obtaining at least one elective seat at any level of government.
Despite this, they said, the parties remain on INEC’s register and continue to operate as recognised political platforms.
Backing this position, the AGF maintained that the constitutional provision uses mandatory language, leaving no room for discretion once a party fails to meet the stipulated conditions.
He emphasised that failure to act in such circumstances amounts to a continuing breach of duty.
The suit is also seeking far reaching orders to bar the affected parties from participating in future elections or engaging in political activities such as campaigns and primaries unless they comply with constitutional requirements.
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