2027 Elections: Why INEC Must Resist Calls to Deregister Political Parties
Editor’s note: Calls for INEC to remove political parties before elections have spurred fresh debate on legality and timing in Nigeria’s democracy. David Bassey Antia, a law scholar at Topfaith University, explains the constitutional limits on deregistration powers and why due process matters in Nigeria’s electoral system.
The intensifying calls by certain political actors for the delisting of political parties by INEC reveal a dual and rather troubling reality. On the one hand, coming as these agitations do within the penumbral proximity of an electoral cycle, one cannot but see through the veneer of propriety and discern a calculated attempt to transmogrify, by subterfuge, a constitutional procedure, originally designed to foster a resilient and credible electoral jurisprudence, into a destabilising instrument capable of administering a fatal blow to our already fragile democracy.
It is, in effect, an invitation to INEC to stage a belated intervention, the only plausible consequence of which would be the enthronement of a jurisprudence of disruption, wherein the rules of democratic engagement are rewritten at the very moment they ought to be observed. This suspicion carries with it so much danger that it must be avoided by all means possible
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Constitutional right to association vs electoral regulation
On the other hand, these calls betray a manifest lack of appreciation of the simple constitutional principles governing electoral matters. In the face of the confusion which such ignorance has generated, one is compelled to reprise the timeless inquiry: “Upon what meat doth this our Caesar feed, that he is grown so great?” and, by parity of reasoning, upon what nourishment does this confusion thrive? The law governing the deregistration of political parties by INEC admits of no ambiguity. This intervention, therefore, seeks to call that ignorance to order.
Firstly, for this exposition, it is apposite to commence with the question of political party membership and the constitutional significance of political parties within our democratic framework. Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees to every person the right to assemble freely and to associate with others, including the right to form or belong to any political party, trade union, or other association for the protection of their interests. This right finds further reinforcement in Article 10 of the African Charter on Human and Peoples’ Rights, which, having been domesticated, enjoys a status superior to that of ordinary legislation within the Nigerian legal hierarchy.
The import of these provisions is unmistakable. It is that citizens possess the unfettered liberty, in principle, to form political associations. However, the Constitution superimposes a regulatory framework upon this liberty by making participation in electoral contests contingent upon the registration of such associations as political parties by INEC. A clear constitutional dichotomy thus emerges between the right to associate (which is, in principle, broad and fundamental) and the right to deploy that association as a vehicle for electoral participation (which is conditional upon compliance with statutory and constitutional requirements). In effect, while citizens are at liberty to form lawful associations, any association intended to canvass votes, sponsor candidates, or contribute to electoral financing must be duly registered as a political party before it can function as such.
Legal framework for political party participation in elections
The question of independent candidacy has been definitively settled by the apex court. In Lado v CPC (2011) 18 NWLR (Pt 1279), the Supreme Court, per Adekeye JSC, affirmed that the Nigerian Constitution does not contemplate independent candidacy. An aspirant to elective office must contest on the platform and sponsorship of a political party.
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Conditions for registration and regulation of political parties
Having established this foundational premise, it becomes necessary to examine the constitutional conditions governing the registration of political parties. Section 222 of the Constitution prescribes the minimum requirements for eligibility, including: adherence to the federal character principle in membership composition; establishment of offices in the Federal Capital Territory and in at least two-thirds of the states of the Federation; the absence of ethnic or religious connotations in the party’s name, emblem, or motto; democratic internal organisation; provision for periodic election of principal officers; and the prohibition against retaining funds or assets outside Nigeria.
These requirements are not peculiar to Nigeria. Comparative constitutional practice across Africa reveals similar safeguards. For instance, in Kenya, section 7 of the Political Parties Act, 2011 mandates, inter alia, demonstrable national spread, inclusivity, gender balance, and representation of minorities as conditions for full registration.
It is instructive to note that the Third Alteration to the Constitution in 2010 introduced section 225A, thereby conferring upon INEC the power not only to register political parties but also to supervise, monitor, and regulate their activities. This marked a significant doctrinal shift from a purely facilitative regime to one of continuous compliance. It is this constitutional innovation that speaks to the power of INEC to deregister political parties.
Limits and procedure for deregistration by INEC
However, that regulatory authority is neither at large nor at the whims of administrative discretion. The grounds upon which a political party may be deregistered are circumscribed by law. These include:
(a) breach of any of the constitutional requirements stipulated under section 222; (b) failure to secure at least twenty-five percent of the votes cast in (i) one state of the Federation in a presidential election, or (ii) one local government area in a governorship election; and (c) failure to win at least (i) one ward in a chairmanship election, (ii) one seat in the National Assembly or a State House of Assembly, or (iii) one councillorship seat.
Absent the concurrence of these conditions, it is difficult to comprehend the juridical basis upon which any person may, with such emphatic certitude, call upon INEC to embark upon the deregistration of political parties. Such calls, when made with unwarranted force, serve only to further agitate the already turbulent waters of our electoral process.
Even where a prima facie breach is alleged, the law does not permit INEC to administer what may be described as an “untimely burial” of a political party without strict adherence to due process. Section 18(3)–(6) of the Electoral Act 2026 prescribes the procedure for deregistration. INEC is mandated to issue notice to the affected party, clearly stating the grounds for the proposed action and affording the party a reasonable opportunity to make representations.
This procedural safeguard is firmly rooted in the constitutional guarantee of fair hearing under section 36(1) of the Constitution and reflects the enduring administrative law principle of audi alteram partem. Although the statute is silent on specific timelines and procedural modalities, judicial authorities provide necessary guidance. In CPC v INEC (2011) 18 NWLR (Pt 1279) 493, the Court of Appeal echoed the necessity for procedural circumspection in the exercise of INEC’s deregistration powers. Similarly, in Action Congress of Nigeria v INEC (unreported, FHC/ABJ/CS/220/2013), the Federal High Court held that failure to accord a party notice and an opportunity to be heard renders any purported deregistration a nullity.
Why premature deregistration calls are dangerous and need reform
It must be emphasised that INEC’s powers are derived from the Constitution and the Electoral Act; they are, in essence, delegated powers. Such powers cannot be exercised ultra vires. INEC cannot deregister a political party on grounds not recognised by law, nor can it adopt procedures that offend constitutional due process. The jurisprudence in NNPC v Famfa Oil Ltd (2012) 17 NWLR (Pt 1328) 148, Attorney-General of Bendel State v Attorney-General of the Federation (1983) All NLR 208, and Buhari v Obasanjo (2005) 13 NWLR (Pt 941) 1 reinforces this settled principle.
In light of the foregoing, it is submitted that the current agitation for wholesale deregistration of political parties, particularly within the sensitive temporal window preceding elections, is both legally misconceived and democratically perilous. To arrest this emerging trend, there is a compelling case for legislative intervention. Specifically, the Electoral Act ought to be amended to expressly prohibit the deregistration of political parties within a defined electoral period. Such a prohibition would serve as a necessary bulwark against the weaponisation of deregistration as an instrument of partisan advantage and would preserve the integrity of Nigeria’s electoral process.
David Bassey Antia writes from the Faculty of Law, Topfaith University, Mkpatak, Akwa Ibom state. He can be reached via Antiadavid3@gmail.com
Disclaimer: The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of Legit.ng.
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