Nigeria's Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has called on a Federal High Court in Abuja to deregister political parties that have failed to win any electoral seats. He contends that retaining such parties is unconstitutional and undermines the electoral process.
Background of the Suit
The suit was filed by the National Forum of Former Legislators (NFFL), seeking the deregistration of several political parties, including the Action Alliance (AA), African Democratic Congress (ADC), Accord Party, Zenith Labour Party, and Action Peoples Party (APP). Fagbemi responded with an affidavit supporting the NFFL's position.
Constitutional Basis
Fagbemi argued that under Section 225A of the Nigerian Constitution, the Independent National Electoral Commission (INEC) has no discretion to retain parties that fail to meet minimum constitutional thresholds. He stated that non-performing parties inflate ballot papers, strain public resources, complicate election administration, and undermine the Constitution's intent. This provision was introduced under the Fourth Amendment to address ballot congestion.
Attorney General's Role
Fagbemi emphasized his duty as chief law officer to initiate, defend, or support actions ensuring constitutional compliance. He urged the court to interpret the law strictly to prevent misuse of the electoral system.
Plaintiff's Argument
Counsel for the NFFL, Yakubu Ruba (SAN), told the court that the suit seeks judicial interpretation of constitutional and statutory provisions governing political party registration. He noted that some parties have breached the Constitution and require court guidance.
Affidavit Details
The originating summons, filed under Section 225A of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act 2022, and Federal High Court rules, was deposed by Nnanna Igbokwe, Chairman of the NFFL Board of Trustees. He alleged that the parties failed to meet performance thresholds, having not won any elective seats at any government level—presidential, governorship, National Assembly, state assembly, chairmanship, or councillorship. They also did not secure 25% of votes in at least one state during presidential elections or achieve representation across Nigeria's 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.
The forum warned that unless restrained, INEC might allow these parties to participate in the 2027 general elections, clogging ballot papers, overstretching resources, and misleading voters.
Implications for 2027 Elections
This legal action could reshape Nigeria's political landscape ahead of the 2027 elections. In a related development, the Founding National Chairman of the ADC, Ralph Nwosu, warned that the 2027 elections would not hold without his party on the ballot, claiming the ADC has the numbers to defeat President Bola Ahmed Tinubu of the APC.
