Attorney General Calls for Deregistration of Non-Performing Political Parties

Attorney General Calls for Deregistration of Non-Performing Political Parties

  • Nigeria’s Attorney General, Lateef Fagbemi (SAN), has urged the court to deregister political parties without electoral victories
  • The suit, filed by the National Forum of Former Legislators, challenges the continued recognition of non-performing parties
  • At stake is the interpretation of constitutional provisions that could reshape Nigeria’s political landscape ahead of the 2027 elections

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has told a Federal High Court in Abuja that it is unconstitutional to retain political parties that have failed to win any electoral seats.

Fagbemi made this submission in an affidavit responding to a suit filed by the National Forum of Former Legislators (NFFL), which is seeking the deregistration of several political parties, including the Action Alliance (AA), African Democratic Congress (ADC), Accord Party, Zenith Labour Party, and Action Peoples Party (APP).

Federal High Court hears suit on deregistration of parties without electoral seats.
Attorney General challenges INEC over retention of non-performing political parties. Photo credit: LateefFagbemi/x
Source: Facebook

Section 225A of the constitution and INEC’s role

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According to Dailytrust and Nigeria Tribune, he argued that, in line with Section 225A of the Nigerian Constitution, the Independent National Electoral Commission (INEC) has no residual discretion to retain the registration of political parties that fail to meet the minimum constitutional threshold.

According to him, the continued existence of non-performing parties inflates ballot papers, strains public resources, complicates election administration, and undermines the intent of the Constitution. He explained that the provision was introduced under the Fourth Amendment to address ballot congestion, which had previously complicated the voting process.

Attorney General’s duty to uphold the constitution

Fagbemi emphasised his role as the chief law officer of the federation, with the responsibility to initiate, defend, or support actions that ensure compliance with constitutional provisions.

Earlier, counsel to the NFFL, Yakubu Ruba (SAN), told the court that the suit seeks judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties in Nigeria.

“We are before the court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the Constitution, and we seek the court’s guidance on the relevant provisions,” he said.

Affidavit by NFFL leadership

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The originating summons—filed under Section 225A of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act 2022, and relevant provisions of the Federal High Court (Civil Procedure) Rules 2019—was deposed to by Nnanna Igbokwe, Chairman of the Board of Trustees and National Coordinator of the NFFL.

In the affidavit, Igbokwe alleged that the political parties in question failed to meet the minimum performance thresholds, having not won any elective seats at any level of government—presidential, governorship, National Assembly, state assembly, chairmanship, or councillorship.

He further claimed that the parties did not secure the constitutionally required 25 per cent of votes in at least one state during presidential elections, nor achieve representation across the country’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.

The forum warned that, unless restrained by the court, INEC may allow the affected parties to participate in the 2027 general elections, thereby clogging ballot papers, overstretching administrative resources, and potentially misleading voters.

Ballot congestion and strained resources arise from non-performing political parties
NFFL seeks constitutional interpretation on political party recognition in Nigeria. Photo credit: LateefFagbemi/X
Source: Twitter

2027 elections won’t hold without ADC

Legit.ng earlier reported that the Founding National Chairman of the opposition African Democratic Congress (ADC), Ralph Nwosu, has warned that the 2027 general elections will not hold if the party is not on the ballot.

Nwosu said the ADC has already secured the required statistics and numbers to defeat President Bola Ahmed Tinubu of the ruling All Progressives Congress (APC) in the 2027 elections.

Source: Legit.ng

Authors:
Basit Jamiu avatar

Basit Jamiu (Current Affairs and Politics Editor) Basit Jamiu is an AFP-certified journalist. He is a current affairs and politics editor at Legit.ng. He holds a bachelor's degree from Nasarawa State University (2023). Basit previously worked as a staff writer at Ikeja Bird (2022), Associate Editor at Prime Progress (2022). He is a 2025 CRA Grantee, 2024 Open Climate Fellow (West Africa), 2023 MTN Media Fellow. Email: basitjamiu1st@gmail.com and basit.jamiu@corp.legit.ng.

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