The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has told the Federal High Court in Abuja that it is unconstitutional for Nigeria to continue to recognise political parties that have failed to win any elective positions, insisting that such parties should be deregistered in line with constitutional provisions.
Fagbemi made the submission in an affidavit filed in response to a suit instituted by the National Forum of Former Legislators (NFFL), which is seeking the court’s interpretation of the law and 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).
The AGF argued that Section 225A of the 1999 Constitution (as amended) imposes clear obligations on the Independent National Electoral Commission (INEC), leaving no discretionary room to retain parties that fail to meet the prescribed performance threshold.
According to him, the continued existence of such “non-performing” political parties has contributed to ballot paper congestion, increased election management costs, and placed unnecessary strain on electoral administration.
He maintained that the constitutional amendment introducing Section 225A was deliberately designed to streamline Nigeria’s political party system, curb excesses, and improve the efficiency of elections.
“As the chief law officer of the federation, the Attorney-General is duty-bound to ensure that the Constitution is obeyed and that public institutions act within the limits of their powers,” he stated.
The AGF further urged the court to interpret the relevant provisions strictly, arguing that allowing political parties with no electoral value to remain on the register undermines the spirit and intent of electoral reforms.
Earlier in the proceedings, counsel to the NFFL, Yakubu Ruba (SAN), told the court that the suit was purely for constitutional interpretation and clarification on the continued recognition of political parties in Nigeria.
He argued that some of the affected parties had failed to meet basic constitutional benchmarks, including winning any elective office at federal, state, or local government levels.
Ruba also contended that the parties did not secure the required spread of votes or maintain meaningful representation across the country’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.
The originating summons, brought under Section 225A of the Constitution, Section 75(4) of the Electoral Act 2022, and 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 warned that unless the court intervenes, INEC may permit the affected parties to participate in the 2027 general elections, a situation he said would further “clog the ballot system, waste public resources, and mislead voters.”
He urged the court to declare that political parties which consistently fail to meet constitutional performance benchmarks have no legal basis to remain on the register maintained by INEC.
The case has been adjourned for further hearing.
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