ENUGU, Nigeria (VOICE OF NAIJA)- The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has backed a suit seeking the deregistration of several political parties, including the African Democratic Congress (ADC), over alleged constitutional breaches.
The position was contained in a notice filed before the Federal High Court in Abuja in suit number FHC/ABJ/CS/2637/2026, with the Independent National Electoral Commission (INEC), the AGF, ADC, Action Alliance, Action Peoples Party (APC), Accord, and Zenith Labour Party listed as defendants.
In the filing, Fagbemi said his office admitted the plaintiff’s claims “to the extent of its constitutional responsibility,” stressing that the role of the AGF includes safeguarding the Constitution.
“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.
He added that his office is empowered under Section 150(1) of the Constitution to enforce laws governing elections and political parties.
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“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 AGF argued that retaining underperforming political parties undermines the electoral system and violates constitutional intent.
According to the filing: “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.”
He further maintained that INEC has no discretionary power to retain parties that fail to meet constitutional thresholds.
“INEC had ‘no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under Section 225A of the Constitution.’”
Fagbemi also linked his support for the suit to broader concerns about access to justice, noting that many citizens lack the means to challenge constitutional violations.
“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.”
He added that backing the case would help strengthen accountability and constitutional supremacy.
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“By backing Plaintiff herein, the 2nd Defendant contributes to the establishment of legal precedent that reinforces the supremacy of the Constitution, thereby fostering a culture of accountability and respect for the law.”
The case signals a renewed legal push to restructure Nigeria’s crowded political party system, with potential implications for smaller parties ahead of future elections.
At the centre of the dispute is Section 225A of the Constitution, introduced to address ballot congestion and improve electoral efficiency.
The AGF warned that any refusal by INEC to act could amount to “a continuing breach of constitutional duty,” adding that such failure remains subject to public interest litigation.