Gloom Looms for Opposition as AGF Moves to Deregister ADC, Accord, Others
By Ekanem Asuquo
Fresh uncertainty has enveloped some opposition political parties following moves by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to support their deregistration over alleged poor electoral performance.
Fagbemi backed the move before a Federal High Court in Abuja, insisting that political parties which failed to secure electoral victories should not continue to enjoy recognition under the Constitution.
The legal position came in response to a suit filed by the National Forum of Former Legislators seeking the deregistration of parties including the African Democratic Congress, Accord Party, Action Alliance, Zenith Labour Party and Action Peoples Party.
In an affidavit before the court, the Attorney General argued that the Independent National Electoral Commission lacks the constitutional powers to retain political parties that failed to meet the minimum performance threshold stipulated under Section 225A of the Constitution.
According to him, allowing non performing political parties to remain on the register only clogs ballot papers, drains public resources and complicates the conduct of elections.
Fagbemi maintained that the constitutional provision was introduced to address challenges associated with overcrowded ballot papers and improve the electoral process.
He further stated that, as the chief law officer of the federation, he is duty bound to defend and uphold the provisions of the Constitution.
Counsel to the National Forum of Former Legislators, Yakubu Ruba (SAN), told the court that the suit was aimed at obtaining judicial interpretation of constitutional provisions guiding the registration and continued existence of political parties.
“We are before the court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the constitution, and we seek the court’s guidance on the relevant provisions,” he said.
The suit, filed under Section 225A of the 1999 Constitution as amended and Section 75(4) of the Electoral Act 2022, accused INEC of failing in its constitutional responsibility by allowing the affected parties to remain registered despite poor electoral outings.
In an affidavit deposed to by the Chairman of the Board of Trustees and National Coordinator of the forum, Nnanna Igbokwe, the plaintiffs argued that the parties failed to win any elective office at the presidential, governorship, National Assembly, state assembly, local government chairmanship or councillorship levels.
The forum also alleged that the parties did not secure the constitutionally required 25 per cent of votes in at least one state during presidential elections and lacked representation across the country’s wards, local government areas, states and the Federal Capital Territory.
The plaintiffs warned that allowing the parties to participate in the 2027 general elections could overcrowd ballot papers, overstretch electoral resources and mislead voters.
