Barely hours after a Supreme Court ruling restored the leadership of former Senate President, David Mark, as National Chairman of the African Democratic Congress (ADC), the party is facing renewed uncertainty following a push by the Attorney General of the Federation (AGF) to deregister political parties without electoral representation.
The AGF and Minister of Justice, Lateef Fagbemi (SAN), told a Federal High Court in Abuja that it is unconstitutional to retain political parties that have failed to secure any elective seats.
Fagbemi made the submission in response to a suit instituted by the National Forum of Former Legislators (NFFL), which is seeking the deregistration of several parties, including the ADC, Action Alliance (AA), Accord Party, Zenith Labour Party, and Action Peoples Party (APP).
Anchoring his argument on Section 225A of the Constitution, the AGF maintained that the Independent National Electoral Commission (INEC) lacks the discretion to sustain the registration of political parties that fail to meet prescribed performance thresholds.
He argued that the continued existence of such parties not only bloats ballot papers but also strains public resources, complicates electoral administration, and undermines constitutional intent.
According to him, the provision was introduced through the Fourth Alteration to address ballot congestion and improve electoral efficiency.
Fagbemi further underscored his role as the chief law officer of the federation, with a duty to ensure strict compliance with constitutional provisions, including initiating or supporting legal actions where necessary.
Earlier, counsel to the NFFL, Yakubu Ruba (SAN), told the court that the suit is purely for constitutional interpretation, seeking clarity on the legality of retaining parties that allegedly fall short of statutory requirements.
In an affidavit deposed to by the forum’s Board of Trustees Chairman and National Coordinator, Nnanna Igbokwe, the plaintiffs contended that the affected parties have failed to win any elective offices at all levels of government — from presidential to councillorship positions.
They also alleged that the parties did not meet the constitutional benchmark of securing at least 25 per cent of votes in any state during presidential elections, nor demonstrated sufficient national spread across wards, local government areas, and states.
The forum warned that, unless the court intervenes, INEC may allow the parties to participate in the 2027 general elections, a move it said could further congest ballot papers and mislead voters.
The development signals fresh legal and political headwinds for the ADC, despite its recent reprieve at the Supreme Court, which affirmed the legitimacy of the Mark-led National Executive.