The Attorney General of the Federation (AGF) has declared support for a lawsuit seeking the deregistration of several political parties, including the African Democratic Congress (ADC), over alleged violations of constitutional provisions.
This position was outlined in a notice filed before the Federal High Court in Abuja, in suit number FHC/ABJ/CS/2637/2026, according to court documents obtained by Tribune Online.
Named as defendants in the suit are the Independent National Electoral Commission (INEC), the AGF, ADC, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.
In the filing, submitted under Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2019, the AGF—listed as the second defendant—partially admitted the claims of the plaintiff, stating its support aligns with its constitutional responsibilities.
The AGF emphasized its role as “custodian and protector” of Nigeria’s Constitution, noting that it is mandated to initiate, defend, or support legal actions that ensure adherence to constitutional provisions.
“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,” the notice stated.
Relying on Section 150(1) of the Constitution, the AGF argued that its office is responsible for enforcing laws, including the Electoral Act governing elections in Nigeria.
The filing further described the AGF’s dual role as both a state advocate and defender of citizens’ rights, stressing that its intervention is in the public interest to promote justice and proper interpretation of the law.
According to the notice, collaboration with government agencies and citizens is essential to ensure effective enforcement of laws, adding that backing the suit aligns with its constitutional duty to uphold the rule of law.
The AGF also highlighted the importance of access to justice, noting that many Nigerians lack the resources to challenge constitutional violations independently.
“The Attorney General’s support helps bridge the gap in facilitating access to justice for plaintiffs,” the filing read.
It added that supporting the case would strengthen constitutional supremacy and promote accountability within the electoral system.
The AGF argued that the plaintiff has sufficient legal standing to question alleged constitutional breaches, particularly under Section 225A, which was introduced to address the issue of overcrowded ballot papers.
According to the filing, INEC lacks discretionary power to retain political parties that fail to meet constitutional thresholds, warning that the continued existence of such parties inflates ballots, strains public funds, and complicates election management.
“The continued existence of nonperforming political parties will… undermine the constitutional intention behind Section 225A,” the AGF stated.
The notice further warned that any failure by INEC to deregister noncompliant parties would amount to an ongoing constitutional breach, open to challenge through public interest litigation.
The case marks a renewed legal confrontation over the status of political parties and the extent of INEC’s powers under Nigeria’s Constitution and electoral laws.
