AGF Joins Ex-Legislators Seeking De-registration of ADC, APP, AA, 2 Others

Alex Enumah in Abuja 

The Attorney-General of the Federation (AGF), in a surprising and dramatic move, has aligned with former legislators, seeking the deregistration of the African Democratic Congress (ADC) and four other political parties, over alleged non-compliance with constitutional requirements.

The AGF is the second defendant in the suit filed last year by the Incorporated Trustees of the National Forum of Former Legislators (NFFL).

The plaintiffs by the suit marked: FHC/ABJ/CS/2637/25, are asking the Federal High Court, to make an order compelling the Independent National Electoral Commission (INEC) to deregister the political parties listed as third to seventh defendants.

The initial originating summons had only the ADC as the political party targeted for deregistration, but was subsequently amended to include the four others whose continued existence were said to have constituted a breach of the constitution. 

The others are Accord Party, Action People’s Party (APP), Zenith Labour Party (ZLP) and Action Alliance (AA).

The trial judge, Justice Lifu, had last week adjourned till early May for hearing in the matter.

However, in his response to the suit, the AGF admitted “the plaintiffs’ suit to the extent of its constitutional responsibility”, adding that, as the Chief Law Officer of the Federation, he is the custodian and protector of the Constitution of the Federal Republic of Nigeria.

He submitted that by virtue of Section 150(1) of of the Constitution (as amended), he is responsible for the execution of laws which includes the Constitution and Electoral Act, which is a crucial piece of legislation governing the conduct of elections in Nigeria.

In his reply filed on April 23 by his team of lawyers led by Prof J. O. Olatoke (SAN), the AGF observed that: “Supporting legal action that seeks to enforce constitutional observance is an essential part of the mandate of the 2nd defendant.”

He added that by backing the plaintiffs, the AGF contributes to the establishment of legal precedent that reinforces the supremacy of the constitution, thereby fostering a culture of accountability and respect for the law. 

While pointing out that INEC does not have the residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under section 225A of the Constitution, the AGF argued that: “The continued existence of non-performing political parties will inflate the ballots, burdens public funds, complicate election administration and undermine the constitutional intention behind Section 225A of the 1999 Constitution.”

He concluded that “failure or refusal” of INEC to deregister the ADC, Accord Party, APP, ZLP and AA as political parties constitutes a continuing breach of constitutional duty, capable of being challenged by way of public interest litigation.

The suit, according to the plaintiffs, seeks a judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties in Nigeria.

The action was commenced by originating summons pursuant to Section 225(A) of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act, 2022, and relevant provisions of the Federal High Court (Civil Procedure) Rules, 2019. 

The plaintiffs are contending that INEC is constitutionally bound to deregister parties that fail to meet minimum electoral performance thresholds, including securing at least 25 per cent of votes cast in one state in a presidential election or winning seats at any level of government.

In an affidavit in support of the originating summons deposed to by Hon. Igbokwe Raphael Nnanna, Chairman, Board of Trustees and National Coordinator of the NFFL, the group accused INEC of neglecting its constitutional duty by continuing to recognise parties that have allegedly failed to win any elective office or meet prescribed benchmarks since their registration.

The plaintiffs are seeking declaratory orders compelling INEC to enforce constitutional thresholds, as well as mandatory and perpetual injunctions restraining the commission from recognising or giving effect to the political activities of the affected parties pending full compliance. 

They submitted that allowing such parties to participate in the 2027 general election would clog ballot papers, waste public resources and undermine electoral integrity.