April 30, (THEWILL) — The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has backed a suit before the Federal High Court in Abuja seeking an order compelling the Independent National Electoral Commission, Independent National Electoral Commission, to deregister five political parties over alleged constitutional violations and failure to meet statutory electoral requirements.
The affected parties are the African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.
Marked FHC/ABJ/CS/2637/2026, the suit was instituted at the Abuja Division of the Federal High Court by the Incorporated Trustees of the National Forum of Former Legislators, with INEC and the Attorney General listed as defendants.
In his response before the court, the AGF argued that INEC’s continued recognition of the parties amounts to a violation of its constitutional obligations under the 1999 Constitution (as amended) and the Electoral Act 2022.
Fagbemi maintained that political parties are expected to satisfy specific constitutional benchmarks to retain their registration status, stressing that the right to political association is not absolute and must conform with the provisions of the law.
“The right to associate as a political party is not absolute and must be exercised within constitutional limits,” the AGF stated in the court filings.
He further warned that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by retaining parties that allegedly failed to meet minimum electoral performance thresholds prescribed by law.
At the centre of the dispute is the interpretation and enforcement of Section 225A of the Constitution, which empowers INEC to deregister political parties that fail to meet stipulated electoral conditions.
According to the plaintiffs, the affected parties failed to secure at least 25 per cent of votes in a state during presidential elections or win elective seats at the federal, state, or local government levels as required under the Constitution and electoral laws.
They argued that despite their poor performances during the 2023 general election and subsequent by-elections, the parties have remained on INEC’s register, a development they described as unlawful and harmful to Nigeria’s democratic process.
In a supporting affidavit, the National Coordinator of the forum, Igbokwe Raphael Nnanna, argued that allowing such parties to remain registered undermines electoral integrity and weakens public confidence in the nation’s multiparty democracy.
He insisted that retaining the parties despite their alleged constitutional non-compliance “is unconstitutional, illegal and a violation” of the existing legal framework governing political parties in Nigeria.
THEWILL reports that AGF Fagbemi’s response is coming amid accusations by opposition parties that the administration of President Bola Tinubu is attempting to suppress dissent and weaken opposition platforms through political and legal pressure.
However, the Federal Government has consistently denied the allegations, insisting that all actions being taken are in line with constitutional provisions and aimed at deepening democratic governance and institutional accountability.
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