The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has defended his decision to support a court action seeking the deregistration of some political parties, including the African Democratic Congress and Accord, saying his position is grounded in constitutional responsibility and the need to enforce electoral laws.
Fagbemi’s position is contained in a notice filed before the Federal High Court in Abuja in suit number FHC/ABJ/CS/2637/2026, where his office is listed as the second defendant alongside the Independent National Electoral Commission and several political parties, including Action Alliance, Action Peoples Party and Zenith Labour Party.
In the filing, the AGF said his office is supporting the plaintiff’s case “to the extent of its constitutional responsibility,” insisting that it has a duty to ensure compliance with 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 stated.
He explained that under Section 150(1) of the Constitution, the Attorney General is responsible for the implementation and enforcement of laws, including the Electoral Act governing political parties and elections.
According to him, the office of the AGF plays a dual role as both legal representative of the federal government and defender of public interest, adding that supporting the suit aligns with efforts to strengthen constitutional governance.
Fagbemi also argued that backing the case would improve access to justice, particularly for citizens who may lack the resources to challenge alleged constitutional breaches in court.
“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 filing read.
He maintained that the suit presents an opportunity to reinforce constitutional supremacy and ensure accountability within Nigeria’s electoral system.
The AGF further submitted that the plaintiff has sufficient legal standing under Section 225A of the Constitution, which provides grounds for deregistration of political parties that fail to meet stipulated requirements.
He argued that INEC does not have discretionary powers to retain parties that fail to meet constitutional thresholds, warning that continued existence of such parties could overburden the electoral system.
“The continued existence of non-performing political parties will inflate ballots, burden public funds, complicate election administration and undermine the constitutional intention,” he stated.
Fagbemi added that failure by INEC to act could amount to a continuing breach of constitutional duty, which may be challenged through public interest litigation.
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