Attorney General of the Federation and Minister of Justice, Later Fagbemi (SAN), has told a Federal High Court in Abuja that it is unconstitutional to retain political parties that have failed to win any electoral seats.
The AGF made this submission in an affidavit responding to a suit filed by the National Forum of Former Legislators, which is 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 argued that, in line with Section 225A of the Nigerian Constitution, the Independent National Electoral Commission has no residual discretion to retain the registration of political parties that fail to meet the minimum constitutional threshold.
He argued that the continued existence of non-performing parties inflates ballot papers, strains public resources, complicates election administration, and undermines the intent of the Constitution. He noted that the provision was introduced under the Fourth Amendment to address ballot congestion, which had previously complicated the voting process.
Fagbemi further emphasised his role as the chief law officer of the federation, with the responsibility to initiate, defend, or support actions that ensure compliance with constitutional provisions.
Earlier, counsel to the NFFL, Yakubu Ruba (SAN), told the court that the suit seeks judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties in Nigeria.
“We are before the court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the Constitution, and we seek the court’s guidance on the relevant provisions,” he said.
The originating summons—filed under Section 225A 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—was deposed to by Nnanna Igbokwe, Chairman of the Board of Trustees and National Coordinator of the NFFL.
In the affidavit, Igbokwe alleged that the political parties in question failed to meet the minimum performance thresholds, having not won any elective seats at any level of government—presidential, governorship, National Assembly, state assembly, chairmanship, or councillorship.
He further claimed that the parties did not secure the constitutionally required 25 per cent of votes in at least one state during presidential elections, nor achieve representation across the country’s 8,809 wards, 774 local government areas, 36 states, and the Federal Capital Territory.
The forum warned that, unless restrained by the court, INEC may allow the affected parties to participate in the 2027 general elections, thereby clogging ballot papers, overstretching administrative resources, and potentially misleading voters.
