The intensifying calls by certain political actors for the delisting of political parties by INEC reveal a dual and troubling reality. On one hand, these agitations occur close to an electoral cycle, suggesting a calculated attempt to transform a constitutional procedure meant to foster credible elections into a destabilizing instrument. This could deliver a fatal blow to Nigeria's fragile democracy. It is an invitation to INEC to stage a belated intervention, which would result in a jurisprudence of disruption where democratic rules are rewritten at the moment they should be observed. This danger must be avoided by all means.
Constitutional Right to Association vs Electoral Regulation
These calls also betray a lack of appreciation for constitutional principles governing electoral matters. Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees every person the right to assemble freely and associate with others, including forming or belonging to any political party. This right is reinforced by Article 10 of the African Charter on Human and Peoples' Rights, which is domesticated and superior to ordinary legislation. Citizens have unfettered liberty to form political associations, but the Constitution superimposes a regulatory framework: participation in electoral contests requires registration of such associations as political parties by INEC. Thus, a clear dichotomy exists between the right to associate (broad and fundamental) and the right to use that association for electoral participation (conditional on compliance with statutory requirements). While citizens may form lawful associations, any association seeking to canvass votes or sponsor candidates must be duly registered.
Legal Framework for Political Party Participation
The question of independent candidacy has been settled by the apex court. In Lado v CPC (2011), the Supreme Court affirmed that the Nigerian Constitution does not contemplate independent candidacy; aspirants must contest on the platform of a political party. Section 222 of the Constitution prescribes minimum requirements for registration, including adherence to the federal character principle, offices in the FCT and at least two-thirds of states, no ethnic or religious connotations in name or emblem, democratic internal organisation, periodic election of officers, and prohibition of retaining funds abroad. These requirements are not unique to Nigeria; comparative practice across Africa, such as Kenya's Political Parties Act 2011, shows similar safeguards.
Limits and Procedure for Deregistration by INEC
The Third Alteration to the Constitution in 2010 introduced section 225A, giving INEC power to register, supervise, monitor, and regulate political parties. This marked a shift from a facilitative regime to one of continuous compliance. However, INEC's regulatory authority is not at large. Grounds for deregistration are circumscribed by law: breach of section 222 requirements, failure to secure at least 25% of votes in one state in a presidential election or one local government area in a governorship election, or failure to win at least one ward in a chairmanship election, one seat in the National Assembly or State House of Assembly, or one councillorship seat. Absent these conditions, there is no juridical basis for deregistration calls. Even where a prima facie breach is alleged, the law does not permit INEC to administer an untimely burial without due process. Section 18(3)–(6) of the Electoral Act 2026 prescribes procedure: INEC must issue notice to the affected party, stating grounds and affording a reasonable opportunity to make representations. This procedural safeguard is rooted in the constitutional guarantee of fair hearing under section 36(1) and the administrative law principle of audi alteram partem. In CPC v INEC (2011), the Court of Appeal emphasized procedural circumspection, and in Action Congress of Nigeria v INEC, the Federal High Court held that failure to give notice and a hearing renders deregistration a nullity.
Why Premature Deregistration Calls Are Dangerous
INEC's powers are derived from the Constitution and Electoral Act; they are delegated powers that cannot be exercised ultra vires. INEC cannot deregister on grounds not recognised by law or adopt procedures offending constitutional due process. The jurisprudence in NNPC v Famfa Oil Ltd, Attorney-General of Bendel State v Attorney-General of the Federation, and Buhari v Obasanjo reinforces this principle. The current agitation for wholesale deregistration, particularly close to elections, is legally misconceived and democratically perilous. To arrest this trend, there is a compelling case for legislative intervention: the Electoral Act should be amended to expressly prohibit deregistration within a defined electoral period. Such a prohibition would prevent weaponisation of deregistration for partisan advantage and preserve the integrity of Nigeria's electoral process.
David Bassey Antia writes from the Faculty of Law, Topfaith University, Mkpatak, Akwa Ibom state.
