Minister of Justice and Attorney General of the Federation asks INEC to deregister ADC and other parties

Nigeria’s Attorney General of the Federation has backed a legal suit seeking the deregistration of several political parties, including the African Democratic Congress, over alleged violations of constitutional provisions.

The position was outlined in a notice filed before the Federal High Court in Abuja, where the AGF is listed as a defendant alongside the Independent National Electoral Commission (INEC) and multiple political parties such as the Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.

In the filing, the AGF stated that it supports the case in line with its constitutional responsibility to uphold and protect the Constitution of Nigeria.

“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 notice read.

The AGF argued that its role, as defined under Section 150(1) of the Constitution, includes ensuring proper enforcement of laws such as the Electoral Act. It added that supporting the suit aligns with its duty to act in the public interest and ensure laws are correctly interpreted and applied.

“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 also emphasised the importance of access to justice, noting that many citizens lack the means to challenge constitutional violations without institutional support.

“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 AGF, the continued existence of underperforming political parties contributes to ballot overcrowding, increased election costs, and administrative challenges, contrary to the intent of Section 225A of the Constitution.

“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 INEC has no discretion to retain parties that fail to meet constitutional thresholds, warning that failure to deregister such parties could amount to a breach of constitutional duty.

The case marks a new phase in ongoing legal disputes over the regulation of political parties and the enforcement powers of INEC under Nigeria’s constitutional framework.