FG Moves to Deregister ‘Non-Performing’ Political Parties, Says INEC Must Act on Constitution

(Minister of Justice Lateef Fagbemi. Gaurdian news nigeria)

Lateef Fagbemi (SAN), the Attorney General of the Federation and Minister of Justice, informed a Federal High Court in Abuja that holding onto political parties that have lost all of their seats is illegal.

In response to a lawsuit brought by the National Forum of Former Legislators (NFFL), which aims to deregister a number of political parties, including the Action Alliance (AA), African Democratic Congress (ADC), Accord Party, Zenith Labour Party, and Action Peoples Party (APP), Fagbemi made this claim in an affidavit.

In accordance with Section 225A of the Nigerian Constitution, he contended, the Independent National Electoral Commission (INEC) lacks residual discretion to keep political parties registered that don't meet the basic constitutional requirement.

He claims that the persistence of non-performing parties distorts ballot papers, puts a burden on public resources, makes election administration more difficult, and subverts the Constitution's intent. He pointed out that the clause was added under the Fourth Amendment to alleviate ballot congestion, which had previously made voting more difficult.

Fagbemi also emphasized his position as the federation's chief legal officer, which entails initiating, defending, or endorsing measures that guarantee adherence to constitutional obligations.

 Yakubu Ruba (SAN), the NFFL's attorney, previously informed the court that the lawsuit aims to interpret constitutional and legislative rules that control political party registration and ongoing recognition in Nigeria.

"The only reason we are in court is for constitutional interpretation. We believe that some parties have violated the Constitution, and we want the court's opinion on the pertinent clauses," he stated.

Nnanna Igbokwe, Chairman of the Board of Trustees and National Coordinator of the NFFL, deposed to the original summons, which was filed in accordance with Section 225A of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act 2022, and pertinent provisions of the Federal High Court (Civil Procedure) Rules 2019.

Igbokwe said in the affidavit that the political parties in question had not won any elected seats at any level of government—presidential, governorship, National Assembly, state assembly, chairmanship, or councillorship—thus failing to fulfill the basic performance requirements.

He added asserted that the parties failed to obtain representation in all 8,809 wards, 774 local government units, 36 states, and the Federal Capital Territory, as well as the legally mandated 25% of votes in at least one state during presidential elections.

The forum said that INEC might permit the impacted parties to run in the 2027 general elections if the court does not intervene, which would clog ballot papers, overburden administrative resources, and possibly deceive voters.