The Independent National Electoral Commission (INEC) is facing mounting pressure after the Attorney General of the Federation pushed for the deregistration of five political parties over alleged failure to meet constitutional requirements.
In a suit filed before the Federal High Court in Abuja, the Attorney General argued that INEC must be compelled to remove the affected parties from its register, warning that their continued recognition violates the provisions of the law and undermines Nigeria’s electoral integrity.
The case, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators. The defendants include Independent National Electoral Commission as the first defendant and the Attorney General of the Federation as the second defendant, alongside five political parties — African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord, and Zenith Labour Party (ZLP).
At the heart of the dispute is whether INEC has a constitutional obligation to deregister political parties that fail to meet the performance thresholds outlined in Section 225A of the 1999 Constitution (as amended), as well as provisions of the Electoral Act 2022 and the commission’s guidelines.
According to court filings, the plaintiffs argued that the affected parties have consistently failed to meet the minimum requirements needed to retain their registration. These include securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.
They maintained that despite poor performance in the 2023 general elections and subsequent by-elections, the parties remain on INEC’s register, a situation they described as unlawful and damaging to the credibility of Nigeria’s electoral system.
In a supporting affidavit, the forum’s National Coordinator, Igbokwe Raphael Nnanna, stated that allowing such parties to continue operating is “unconstitutional, illegal and a violation” of the country’s legal framework governing elections.
The plaintiffs are seeking a court declaration that INEC is duty-bound to deregister the parties and an order compelling the commission to act before preparations for the 2027 general elections advance further. They also want the court to bar the affected parties from participating in elections or engaging in political activities such as campaigns, rallies, and primaries unless they meet constitutional requirements.
Backing the suit, the Attorney General insisted that his office has a constitutional responsibility to uphold the law and ensure compliance with electoral provisions. He argued that the right to operate as a political party is not absolute and must align with constitutional standards.
The filing further emphasised that the use of the word “shall” in the Constitution imposes a mandatory duty on INEC to deregister parties that fail to meet stipulated conditions, leaving no room for discretion.
The Attorney General also highlighted the broader implications of non-compliance, noting that retaining underperforming parties contributes to ballot congestion, increases the cost of election administration, and weakens accountability within the political system.
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