Parties’ deregistration: Lawful power, dangerous precedent?

A Federal High Court in Abuja has ordered the deregistration of five Nigerian political parties, citing their failure to meet performance thresholds in recent elections. The parties affected are the African Democratic Congress, Accord, Action Alliance, Action People’s Party, and Zenith Labour Party.

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can the state lawfully “kill” a political party, and should it?

However, a subsequent stay of proceedings from the Court of Appeal has provided a temporary reprieve for the deregistered parties. This legal back-and-forth underscores a deep-seated tension within Nigeria's 1999 Constitution. Section 40 guarantees the fundamental right to associate and form political parties, while Section 225A empowers the Independent National Electoral Commission (INEC) to deregister parties based on strict performance metrics.

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The judgement of the Federal High Court in Abuja directing the deregistration of five political parties has again exposed the uneasy tension between constitutional text and democratic spirit in Nigeria.

Proponents of Section 225A argue it prevents an unwieldy ballot paper filled with parties lacking significant electoral support. Critics contend it erects a high barrier for smaller or emerging parties, potentially entrenching dominant political forces. This issue is not new; INEC previously deregistered 74 parties in 2020 for similar reasons. The Supreme Court has affirmed INEC's power to deregister under Section 225A, but a 2020 Court of Appeal ruling also emphasized the need for procedural fairness, reinstating some parties due to a lack of fair hearing.

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Fundamental rights are not absolute, but any derogation must be reasonably justifiable in a democratic society.