AGF backs suit seeking deregistration of ADC, Accord, others

The Attorney General of the Federation (AGF) has backed a suit before the Federal High Court in Abuja seeking the deregistration of several political parties, including the African Democratic Congress, over alleged violations of constitutional provisions.

Court documents obtained by Nigerian Tribune show that the AGF filed a notice in suit number FHC/ABJ/CS/2637/2026, aligning with the plaintiff’s position on the matter.

Other parties listed in the suit include the Independent National Electoral Commission, 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 – stated that it supported the suit “to the extent of its constitutional responsibility.”

The office argued that, as the custodian of the Constitution, it has a duty to defend and enforce its provisions, including supporting legal actions aimed at ensuring compliance.

“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 filing stated.

The AGF further relied on Section 150(1) of the Constitution, noting that it is empowered to oversee the enforcement of laws, including the Electoral Act governing elections in Nigeria.

According to the filing, the AGF plays a dual role as both a legal representative of the state and a defender of citizens’ rights, and must act in the public interest to ensure proper interpretation and application of the law.

The notice also emphasised the importance of collaboration between government institutions and citizens in enforcing legal provisions, stressing that backing the suit aligns with its constitutional mandate.

It argued that supporting such cases helps expand access to justice, particularly for citizens who may lack the resources to challenge constitutional breaches.

“The Attorney General’s support helps bridge the gap in facilitating access to justice for plaintiffs who seek to challenge violations of their constitutional rights,” the document noted.

The AGF maintained that its position would strengthen constitutional supremacy and accountability within Nigeria’s electoral system.

It further contended that the plaintiff has sufficient legal interest to question alleged infractions, particularly under Section 225A of the Constitution, which addresses the deregistration of political parties that fail to meet stipulated requirements.

The filing argued that INEC lacks discretionary powers to retain parties that do not meet constitutional thresholds, warning that the continued existence of such parties could overcrowd ballot papers, increase administrative costs and undermine electoral efficiency.

“The continued existence of non-performing political parties will inflate ballots, burden public funds, complicate election administration and undermine the constitutional intention,” the AGF stated.

It added that any failure by INEC to deregister such parties would amount to a continuing breach of constitutional duty, which could be challenged through public interest litigation.

The case marks a fresh legal contest over the powers of INEC and the status of political parties under Nigeria’s Constitution and electoral laws.