The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has backed a legal action seeking the deregistration of certain political parties over alleged constitutional violations.
The position of the AGF was contained in a notice filed before the Federal High Court in Abuja in suit number FHC/ABJ/CS/2637/2026.
Defendants in the suit include the Independent National Electoral Commission, the AGF, and several political parties such as the African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.
In the filing, the AGF, listed as the second defendant, stated that it supported the plaintiff’s case “to the extent of its constitutional responsibility,” emphasising its role as custodian of the Constitution.
According to the notice, the AGF has a duty to initiate, defend, or support legal actions that ensure compliance with constitutional provisions. It added that the office also oversees the execution of laws, including the Electoral Act regulating elections in Nigeria.
The AGF argued that supporting the suit aligns with its responsibility to act in the public interest, promote justice, and ensure proper interpretation and application of the law.
It further noted that access to justice remains critical in a democracy, especially for citizens who may lack the resources to challenge constitutional breaches.
The filing stated that backing the case would help reinforce constitutional supremacy and accountability, while also contributing to legal precedent that strengthens adherence to the rule of law.
The AGF maintained that the plaintiff has sufficient interest to challenge alleged infractions within the electoral system.
Citing Section 225A of the Constitution, the notice argued that the provision was introduced to address the proliferation of political parties and the resulting complexity in ballot design.
It added that INEC has no discretionary power to retain parties that fail to meet the constitutional requirements, warning that the continued existence of non-performing parties could inflate ballots, increase election costs, and complicate electoral administration.
The AGF further stated that any failure by INEC to deregister such parties could amount to a breach of constitutional duty, subject to challenge through public interest litigation.
The case marks a renewed legal contest over the regulation of political parties and the constitutional powers of INEC.
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