Delisting of a Political Party in Nigeria: A Constitutional Evaluation

Abstract

Political parties are the lifeblood of representative democracy, serving as the institutional channels through which citizens participate in governance. In Nigeria, the registration, regulation, and potential deregistration or delisting of political parties occupy a central but contested space within the constitutional architecture. This article undertakes a systematic constitutional evaluation of the delisting of political parties in Nigeria, examining the normative foundations, statutory framework, procedural requirements, and judicial treatment of the phenomenon. It argues that while the Independent National Electoral Commission (INEC) possesses undoubted regulatory authority to delist non-compliant parties, such authority is not unlimited and must be exercised within the boundaries established by the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026, and applicable international human rights standards. The article further contends that inadequate procedural safeguards, opacity in enforcement practice, and judicial timidity have combined to leave a constitutional lacuna that undermines both democratic pluralism and the rule of law. Comparative insights from South Africa, Kenya, and the jurisprudence of the European Court of Human Rights are deployed to illuminate best-practice alternatives.