Why INEC should cancel ADC, APP and three others…

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has supported a lawsuit that seeks to force the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

In suits filed before the Federal High Court, Abuja, the AGF argued that the continued existence of the said political parties violates the existing provisions of the 1999 Constitution (as amended) and ultimately undermines the electoral integrity of the nation.

According to him, unless the court intervenes, INEC will continue to act in breach of its constitutional duty by detaining parties who have not met the minimum requirements prescribed by law.

Aside from the ADC, the other political parties that the AGF says should cease to receive recognition from INEC are Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labor Party (ZLP).

The AGF, in an affidavit filed through a team of lawyers led by Prof. Joshua Olatoke, SAN, argued that as the chief law officer of the federation, it has the duty to defend and uphold the Constitution, including ensuring compliance with the electoral law and other laws governing elections in the country.

“The first respondent has no residual discretion to maintain registration of political parties which have clearly failed to meet the minimum threshold prescribed under Article 225A of the Constitution.

“The continued existence of inadequate political parties will inflate ballot papers, burden public funds, complicate election administration and undermine the constitutional intent underlying section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“Any failure or refusal by the first respondent to deregister the third to seventh respondents as political parties constitutes a continuing breach of constitutional duty, capable of being challenged through public interest litigation.

“Unless this Honorable Court intervenes, the first defendant (INEC) will continue to act in breach of its constitutional duty to deregister the third to seventh defendants – parties that have not met the constitutional threshold – as the right to associate as a political party under the Constitution is not absolute,” the AGF added.

Accordingly, he urged the Court to grant all reliefs contained in the suit filed by the National Forum of Former Legislators, insisting that this would be in the interest of justice.

While INEC is the first respondent, AGF is listed as the second respondent in the matter.

The plaintiff, in the case marked FHC/ABJ/CS/2637/2026, asks the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in section 225A of the 1999 Constitution (as amended), as strengthened by the Electoral Act 2022 and INEC regulations.

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The plaintiff’s position is that the five political parties listed as defendants in the lawsuit have persistently failed to meet the constitutional parameters required to maintain their registration.

Previous lawmakers have pointed out that some of the requirements include getting at least 25% of the vote in a state during a presidential election or securing at least one elective seat at the national, state or local level of government.

They told the court that the ADC and the other four parties performed poorly in both the 2023 general elections and the by-elections conducted by INEC, thus failing to win seats at key levels of government.

The litigants insisted that the continued existence of the ADC and the other defendants, as recognized political parties, is illegal and undermines the integrity of the country’s electoral system.

Among other findings, the appellant urges the court to declare that INEC has a duty to deregister such entities.

It also wants the court to force the commission to cancel the registration of the five political parties before preparations for the 2027 elections proceed further.

Beyond declaratory relief, the plaintiff wants the court to bar the five affected parties from participating in general elections or engaging in political activities such as campaigns, rallies and primary elections.

[Vanguard]

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