AGF backs suit seeking deregistration of non-performing parties

The Attorney General of the Federation (AGF) has backed a lawsuit seeking the deregistration of several political parties, including the African Democratic Congress, over alleged violations of constitutional provisions.

The position of the AGF was outlined in a notice filed before the Federal High Court in Abuja in suit number FHC/ABJ/CS/2637/2026, according to documents obtained by Tribune Online.

Listed as defendants in the suit are the Independent National Electoral Commission (INEC), the AGF, African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.

In the notice filed pursuant to Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2019, the AGF, named as the second defendant, said it supports the plaintiff’s case “to the extent of its constitutional responsibility.”

The office stated that it has a dual mandate to represent the state and safeguard citizens’ rights, adding that its position was guided by the need to act in the public interest and ensure proper interpretation and enforcement of the law.

It further noted that the AGF is expected to collaborate with relevant institutions and citizens to strengthen compliance with legal provisions.

According to the filing, the support for the suit aligns with the AGF’s constitutional duty to uphold the provisions of the Constitution and promote access to justice, especially for citizens who may lack the resources to challenge constitutional breaches.

The AGF also argued that backing the case would help reinforce constitutional supremacy and accountability within the electoral system.

It maintained that the plaintiff has sufficient legal standing to challenge alleged infractions, citing Section 225A of the Constitution, which was introduced to address ballot overcrowding and streamline the electoral process.

The notice further contended that INEC lacks the discretion to retain the registration of political parties that fail to meet the minimum constitutional requirements.

It warned that the continued existence of non-performing parties could inflate ballot papers, strain public resources, complicate election management, and undermine constitutional intent.

The AGF added that any failure by INEC to deregister such parties would amount to a continuing breach of its constitutional duties and could be challenged through public interest litigation.

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