AGF asks court to order deregistration of ADC, Accord, three other parties

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has asked the Federal High Court in Abuja to direct the Independent National Electoral Commission (INEC) to deregister five political parties over alleged failure to meet constitutional requirements for continued registration.

The request is contained in a suit filed at the Abuja Division of the Federal High Court, where the Incorporated Trustees of the National Forum of Former Legislators is the plaintiff. The suit lists INEC as first defendant, the Attorney General as second defendant, and the affected parties as additional defendants: African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord, and Zenith Labour Party (ZLP).

At the centre of the case is whether INEC is legally required to remove political parties that fail to meet performance thresholds under Section 225A of the 1999 Constitution (as amended), as well as provisions of the Electoral Act 2022.

The plaintiffs argue that the parties in question did not secure the minimum electoral benchmarks in the 2023 general elections and subsequent by-elections. These benchmarks include winning at least 25 per cent of votes in a state during a presidential election or securing representation at federal, state, or local government levels.

They contend that despite this, the parties remain on INEC’s register, a situation they describe as inconsistent with constitutional requirements. The suit asks the court to compel INEC to deregister them ahead of preparations for the 2027 general elections.

The reliefs sought also include orders preventing the affected parties from participating in future elections, including campaigns, primaries, and other political activities, until they comply with legal conditions for registration.

The Attorney General, though listed as a defendant, filed a notice indicating alignment with the plaintiff’s interpretation of the law. He argued that political association is subject to constitutional limits and that INEC has a statutory obligation to enforce those limits where parties fail to meet set standards.

He further maintained that enforcement of electoral thresholds is necessary to reduce administrative burden, limit ballot overcrowding, and uphold the integrity of the electoral system.

According to court filings, the AGF stressed that constitutional language requiring INEC action is mandatory, not discretionary, where conditions for deregistration are met.

The suit also argues that continued recognition of non-performing parties undermines the electoral framework and should be corrected through judicial intervention.