The Court of Appeal in Abuja has ordered a stay of execution on the Federal High Court’s judgment that deregistered the African Democratic Congress (ADC) and four other political parties, citing a breach of judicial hierarchy. The appellate court’s decision, delivered unanimously by a three-member panel led by Justice Abubakar Mohammed, halts the enforcement of the lower court’s ruling until further hearing. The Federal High Court, presided over by Justice Peter Lifu, had on Monday directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). The appellate court found that Justice Lifu violated a May 22 order to suspend proceedings, which it described as a serious affront to judicial authority.
The Court of Appeal condemned the lower court’s actions as “the highest form of judicial impertinence,” referencing a prior Supreme Court ruling that such conduct constitutes “judicial rascality” and renders a judge unfit for the bench. The appellate panel emphasized its supervisory authority over trial courts and stressed that the Constitution and judicial integrity demand compliance with higher court orders. “This court has the duty to invoke its powers in ensuring that its orders are made,” the court stated, before granting the application for a stay of execution. The substantive appeal has been fixed for hearing on June 25.
The original judgment by Justice Lifu was based on a suit filed by the National Forum of Former Legislators (NFFL), marked FHC/ABJ/CS/2637/2026. The forum argued that INEC is constitutionally obligated to deregister political parties that fail to meet electoral performance thresholds under Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022. These thresholds require parties to win at least 25% of votes in a state during a presidential election or secure at least one elective seat at the national, state, or local government level. The NFFL contended that the five parties had consistently failed to meet these benchmarks, particularly in the 2023 general elections and subsequent by-elections.
The Federal High Court agreed, ruling that the parties’ poor electoral performance rendered their continued registration unlawful. It barred INEC from recognizing the parties, accepting their candidate nominations, or allowing them to participate in the 2027 general elections. The court also ordered the parties to cease presenting themselves as registered political entities. The Court of Appeal’s intervention now suspends these directives, pending the June 25 hearing. The outcome of this appeal will have significant implications for Nigeria’s political landscape and the legal standards governing party registration and electoral participation.
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