The Attorney General of the Federation has urged the Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to deregister five political parties, arguing that their continued existence violates constitutional provisions and undermines Nigeria’s electoral integrity.**
In court filings, the Attorney General (AGF) contended that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by retaining parties that have failed to meet the minimum requirements prescribed by law.
The filing stressed that the right to associate as a political party is not absolute and must be exercised within constitutional limits. It further argued that it is in the interest of justice for the court to grant the reliefs sought by the plaintiffs.
The suit, marked **FHC/ABJ/CS/2637/2026** [Check Year], was filed at the Abuja Judicial Division of the Federal High Court by the Incorporated Trustees of the National Forum of Former Legislators.
The defendants include INEC as the first defendant and the Attorney General of the Federation as the second defendant. The five political parties targeted in the suit are the **African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).**
At the center of the case is whether INEC has a constitutional obligation to remove parties that fail to meet electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), reinforced by the Electoral Act 2022.
The plaintiffs argue that the affected parties have persistently failed to satisfy constitutional benchmarks, which include winning at least 25 per cent of the votes in at least one state during a presidential election or securing at least one elective seat at the national, state, or local government level.
The forum contends that the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to win seats across key tiers of government, yet they continue to be recognized by INEC as eligible platforms. The plaintiffs maintain that this continued recognition is unlawful and undermines the integrity of Nigeria’s electoral system.
In an affidavit supporting the suit, the forum’s national coordinator, Igbokwe Raphael Nnanna, stated that allowing underperforming parties to remain on the register “is unconstitutional, illegal, and a violation” of the governing legal framework.
The suit asks the court to declare that INEC is duty-bound to deregister such parties and to compel the commission to do so before preparations for the 2027 elections advance further.
Beyond declaratory reliefs, the plaintiffs are seeking orders to bar the affected parties from participating in the next general elections or engaging in political activities such as campaigns, rallies, and primaries. They further request injunctions restraining INEC from recognizing or dealing with the parties in any official capacity unless they comply strictly with constitutional provisions.
Central to the argument is the interpretation of the word “shall” in Section 225A of the Constitution. The plaintiffs argue that this language leaves no room for discretion once a party fails to meet the stipulated thresholds. In their written address, they rely on judicial precedents to contend that electoral performance is an objective condition that must be enforced to maintain discipline and accountability in the political system.
In a notice filed pursuant to Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019, the Attorney General—despite being a defendant—formally admitted the plaintiff’s case.
The AGF maintained that, as the Chief Law Officer of the Federation, he is duty-bound to uphold the Constitution and ensure compliance with the Electoral Act. The filing emphasized that the AGF’s role extends to “preventive oversight,” ensuring laws are implemented to maintain public confidence in the electoral process.
According to the document, the AGF argued that the continued existence of parties that fail to meet thresholds contributes to ballot congestion and increases the cost of election administration. He insisted that INEC has no residual discretion to retain parties that do not satisfy the criteria.
The filing also noted that the plaintiffs, as former legislators, possess the requisite standing (*locus standi*) to institute the action, having been directly involved in the enactment and oversight of Nigeria’s legislative framework.
The Attorney General is represented by a legal team led by **Prof. J. O. Olatoke, SAN**, alongside O. J. David, U. O. Olufadi, D. O. Bamidele, V. D. Maiye, Waheed Abdulraheem, and A. K. Abdulmumin.
The case has drawn significant attention within political circles and could redefine Nigeria’s multi-party system ahead of the 2027 general elections.
