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The Attorney General of the Federation has sued the Federal High Court in Abuja, asking that the Independent National Electoral Commission (INEC) be ordered to de-register five political parties for failing to meet constitutional requirements.
The affected parties were reported to include the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord Party (AP) and Zenith Labour Party (ZLP).
The suit was filed by the Incorporated Trustees of the National Forum of Former Legislators and is marked FHC/ABJ/CS/2637/2026.
The plaintiffs argued that the continued recognition of the parties by INEC is contrary to the provisions of the Constitution and that it compromises the integrity of the electoral process.
They submitted that the parties failed to meet the performance threshold as stipulated in Section 225A of the Constitution of Nigeria 1999 and the Electoral Act 2022.
The plaintiffs say that the parties involved did not achieve the minimum electoral performance necessary for the maintenance of their registration.
These include winning 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 levels.
They submitted that though the parties performed badly in the 2023 general elections and by-elections that followed, the parties remain on INEC’s register.
The Attorney General’s office has backed the plaintiff’s position in court papers, saying INEC is breaching its constitutional duty by holding such parties.
The AGF said that INEC would continue to breach its constitutional duty “unless the court intervenes.”
“The right to operate as a political party is not absolute and must conform to the provisions of the Constitution,” he added.
The plaintiffs contended that the use of the word “shall” in the Constitution imposes a mandatory duty on INEC to deregister underperforming parties.
They maintained that failure to do so amounts to a continuing breach of constitutional obligations.
The plaintiffs also sought the court’s restraining order on the affected parties from participating in future elections or engaging in political activities such as campaigns, rallies and primaries, apart from deregistration.
They also sought an order restraining INEC from recognising or dealing with the parties unless they comply with the constitutional requirements.
The Attorney General said the suit was a public interest litigation to preserve democratic integrity.
He said allowing parties that are not performing well to stay registered contributes to ballot congestion, increases the cost of elections and undermines accountability.
