Nigerian court orders deregistration of five political parties, raising constitutional and democratic concerns

This decision was based on their failure to meet performance thresholds in general elections. While a stay of proceedings from the Court of Appeal has temporarily halted the deregistration, the case highlights a tension between constitutional provisions in Nigeria. Section 40 guarantees the right to form and belong to political parties, while Section 225A empowers INEC to deregister parties that fail to meet specific electoral performance metrics, such as winning a certain percentage of votes or seats.

Critics argue that Section 225A creates a barrier for smaller parties, while proponents say it prevents an unmanageable number of "shell" parties. The Supreme Court previously affirmed INEC's power to delist non-performing parties in 2021. However, subsequent litigation has emphasized the need for procedural fairness, including adequate notice and the right to a fair hearing.

This recent case is notable because the deregistration process was initiated by a judicial order following a suit filed by private actors and supported by the Attorney-General's Office, rather than being an administrative act by INEC. This development has raised concerns about the potential for the deregistration mechanism to be used for politically motivated litigation, po