AGF backs suit to deregister non-performing political parties

The Attorney General of the Federation (AGF) has backed a suit seeking the deregistration of some political parties over alleged constitutional breaches.

The position was contained in a notice filed before the Federal High Court in Abuja in suit number FHC/ABJ/CS/2637/2026.

The defendants in the case include the Independent National Electoral Commission (INEC), the AGF, African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord, and Zenith Labour Party (ZLP).

In the filing, the AGF, listed as the second defendant, said it admitted the plaintiff’s case “to the extent of its constitutional responsibility.”

The office stated: “It is the constitutional responsibility of the Attorney General of the Federation to bring, defend or support any action for the observance of the provisions of the Constitution of the Federal Republic of Nigeria.”

The AGF said it was acting in its role as “the custodian and protector of the Constitution,” adding that it had a duty to support actions that enforce constitutional provisions.

It added: “The 2nd Defendant has dual role as both an advocate for the state and defender of citizen rights, must act in public interest in supporting the Plaintiff’s case for the promotion of justice and ensure that laws are interpreted and applied correctly.”

The filing noted that the AGF’s office is “enjoined to collaborate with other government agencies and citizens to ensure that laws are effectively enforced.”

It said backing the suit aligns with its mandate in the “protection of the provisions of the Constitution.”

The AGF also stressed the importance of access to justice.

It stated: “The Attorney General’s support helps bridge the gap in facilitating access to justice for Plaintiffs who seek to challenge violation of their constitutional rights.”

According to the notice, supporting the case would strengthen constitutional supremacy.

It said: “By backing Plaintiff herein, the 2nd Defendant contributes to the establishment of legal precedent that reinforces the supremacy of the Constitution, thereby fostering a culture of accountability and respect for the law.”

The AGF argued that the plaintiff has “sufficient interest to question constitutional infractions in the electoral system.”

It added that Section 225A of the Constitution was introduced to address ballot overcrowding and streamline elections.

The filing said INEC has “no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under Section 225A of the Constitution.”

It warned that retaining such parties would have broader consequences.

It stated: “The continued existence of nonperforming political parties will inflate the ballots, burden public funds, complicate election administration and undermine the constitutional intention behind Section 225A of the 1999 Constitution.”

The AGF further argued that “any failure or refusal” by INEC to deregister such parties amounts to “a continuing breach of constitutional duty.”

The case marks a fresh legal challenge over the status of political parties and the powers of INEC under the Constitution and the Electoral Act.