The Attorney General of the Federation has backed legal action against non performing parties, supporting a suit seeking the deregistration of political parties accused of failing to meet constitutional requirements. The position on non performing parties was outlined in a notice filed before the Federal High Court in Abuja, where the AGF affirmed its constitutional responsibility to support actions that enforce compliance with Nigeria’s electoral laws.
The legal dispute over non performing parties arises from a suit filed by the Incorporated Trustees of the National Forum of Former Legislators, which seeks to compel the Independent National Electoral Commission to deregister certain political parties.
The case, marked FHC/ABJ/CS/2637/2026, lists INEC, the Attorney General of the Federation, and several political parties including the African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party as defendants.
The action is anchored on provisions of the Constitution, particularly Section 225A, which outlines conditions under which political parties may be deregistered for failing to meet electoral performance thresholds.
The issue of non-performing parties has remained part of broader electoral reform discussions, especially regarding ballot management, election costs, and compliance with constitutional provisions.
In its filing before the Federal High Court, the AGF stated that it supported the plaintiff’s case “to the extent of its constitutional responsibility.”
The AGF described its office as “the custodian and protector of the Constitution of the Federal Republic of Nigeria,” adding that it has a duty to support legal actions that ensure constitutional compliance.
The notice further 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.”
On the issue of non-performing parties, the AGF argued that the continued existence of such parties could have systemic consequences for the electoral process. “The continued existence of nonperforming political parties will inflate the ballots, burden public funds, complicate election administration and undermine the constitutional intention,” the filing stated.
The AGF also maintained that INEC has no residual discretion to retain parties that fail to meet constitutional thresholds, adding that any failure to deregister them could amount to a breach of constitutional duty. The filing further emphasised that supporting the case aligns with the AGF’s role in promoting access to justice, particularly for plaintiffs seeking to challenge constitutional violations.
The AGF’s position on non performing parties underscores ongoing debates about electoral efficiency and constitutional compliance in Nigeria’s political system.
If the court grants the relief sought, it could lead to the deregistration of political parties that fail to meet the required electoral performance benchmarks. This may reduce the number of parties on the ballot, potentially simplifying election administration and reducing associated costs.
The case also highlights the role of public interest litigation in enforcing constitutional provisions and clarifying the responsibilities of electoral bodies such as INEC. For governance, the outcome may influence how electoral laws are applied and interpreted, particularly regarding the balance between political participation and regulatory compliance.
