The Federal Government has thrown its weight behind a legal attempt to force the Independent National Electoral Commission (INEC) to scrap five political parties.
In a surprising twist at the Federal High Court in Abuja, the Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi (SAN) joined the National Forum of Former Legislators.
Although the AGF is technically a defendant in the case, the Minister is now pushing for the removal of the affected parties before the 2027 general elections.
The suit, marked FHC/ABJ/CS/2637/2026, targets the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).
The Minister argued that the continued existence of these groups violates the law and damages Nigeria’s electoral integrity.
Furthermore, the Attorney General contended that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by keeping parties that fail to meet legal requirements.
The AGF’s team, led by Prof. Joshua Olatoke, SAN, filed processes stating that the right to associate as a party is not absolute.
Constitutional Thresholds For Political Survival
At the heart of this battle is Section 225A of the 1999 Constitution (as amended). This section gives INEC the power to deregister parties that fail to perform.
To stay registered, a party must win at least 25% of the votes in one state during a presidential election. Alternatively, it must win at least one seat in a local, state, or national election.
The former legislators, led by National Coordinator Igbokwe Raphael Nnanna, argued that these five parties failed during the 2023 general elections and recent by-elections.
Nnanna stated in an affidavit that allowing these parties to remain “is unconstitutional, illegal and a violation” of the current legal framework.
The plaintiffs believe the word “shall” in the Constitution means INEC has no choice. Once a party fails the test, it must be removed.
Meanwhile, the AGF admitted the plaintiff’s case. He stated that his duty as the chief law officer is to ensure compliance with the Electoral Act 2022.
Implications For The 2027 General Elections
The AGF argued that keeping underperforming parties leads to ballot congestion and higher election costs.
He described the case as public interest litigation. He added that supporting the suit helps bridge gaps for citizens seeking to enforce their rights.
The suit asks the court for an injunction to stop these parties from holding rallies, campaigns, or primaries.
It also seeks to bar INEC from recognizing them in any official capacity until they comply with the law.
This legal action comes after years of debate regarding the “multi-party” vs “two-party” system in Nigeria.
Previously, INEC deregistered 74 parties in 2020, a decision largely upheld by the Supreme Court of Nigeria.
If the court grants these new requests, the 2027 ballot paper will be significantly shorter.
The AGF maintained that his role includes preventive oversight to keep public confidence high.
He believes that collaboration between the government and civic actors like the former legislators is essential for democracy.
The Federal High Court in Abuja will now determine if these five parties have indeed lost their right to exist as political platforms.
Should Nigeria strictly enforce the 25% vote threshold to reduce the number of political parties, or is the intention merely to limit the democratic choices available to voters in 2027? Share your thoughts.
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