The Court of Appeal in Abuja has temporarily stopped the deregistration of the African Democratic Congress (ADC) and four other political parties, offering a major reprieve to opposition groups ahead of the 2027 general elections.
In a unanimous decision delivered by a three-member panel led by Justice A.B. Mohammed, the appellate court granted a stay of execution on the Federal High Court judgment that ordered the removal of the affected parties from the register of the Independent National Electoral Commission (INEC).
The appellate court also sharply criticized Justice Peter Lifu of the Federal High Court for proceeding to deliver the judgment despite an earlier order directing him to suspend action on the matter. The judges described the move as a violation of judicial hierarchy and warned that such conduct undermines the authority of higher courts.
According to the court, Justice Lifu’s decision to proceed with the judgment amounted to a serious breach of established judicial practice, noting that the Supreme Court had previously condemned similar actions as judicial misconduct.
INEC Supports Stay of Execution
INEC backed the application seeking a stay of execution and informed the appellate court that it was unaware the judgment would be delivered.
Represented by lawyer Haliru Mohammed, the electoral body stated that it only became aware of the ruling through media reports, despite an earlier Court of Appeal order that had halted the delivery of the judgment originally scheduled for June 5.
INEC told the court it had not received any formal notice regarding the judgment date and therefore had no objection to the request by the affected political parties to suspend its enforcement pending the determination of appeals.
Background to the Case
The controversy began after the National Forum of Former Legislators (NFFL) filed a suit seeking the deregistration of five political parties — ADC, Action Alliance, Action Peoples Party, Accord Party and Zenith Labour Party.
The forum argued that the parties failed to meet electoral performance requirements outlined in Section 225A of the 1999 Constitution, as amended, and relevant provisions of the Electoral Act 2022.
Justice Lifu granted the request and ordered INEC to remove the parties from its register, a decision that immediately sparked criticism from opposition figures and civil society organizations, who warned that the move could shrink Nigeria’s democratic space.
ADC Calls Judgment ‘Invitation to Anarchy’
ADC’s counsel, Shuaibu Aruwa (SAN), told the Court of Appeal that notification of the judgment was sent through WhatsApp and argued that the lower court’s action amounted to an invitation to anarchy.
He urged the appellate court to take decisive steps to protect the integrity of the judiciary, insisting that the trial judge deliberately ignored the superior court’s directive.
Other affected parties also warned that allowing the judgment to stand could create complications for upcoming by-elections scheduled by INEC in several states.
Justice Lifu Refuses to Withdraw From Separate ADC Leadership Suit
Meanwhile, Justice Lifu declined requests to recuse himself from another case challenging the leadership of the ADC under former Senate President David Mark and former Osun State Governor Rauf Aregbesola.
The judge dismissed allegations of bias and ordered both Mark and Aregbesola to pay ₦500,000 each in costs, describing their application for his withdrawal as lacking merit.
The suit was filed by former ADC National Deputy Chairman (North-East), Nafiu Bala Gombe, who is challenging the legality of the party’s current caretaker leadership and seeking to nullify decisions taken under the Mark-led administration.
Justice Lifu subsequently fixed June 23 for accelerated hearing of the matter.
Opposition Leaders Raise Alarm
The judgment ordering deregistration of the parties has continued to generate reactions across the political spectrum.
Accord Party presidential candidate, Dr. Gbenga Olawepo-Hashim, described the development as part of a broader effort to weaken opposition parties ahead of the 2027 elections.
Former APC Deputy National Publicity Secretary, Timi Frank, also warned that any attempt to eliminate opposition platforms could threaten Nigeria’s multi-party democracy and fuel political tension.
Similarly, Social Democratic Party presidential hopeful, Adewole Adebayo, condemned the ruling as unconstitutional and pledged support for affected parties seeking legal redress.
The Conference of Nigeria Political Parties (CNPP) and the Inter-Party Advisory Council (IPAC) also criticized the judgment, arguing that political competition should be determined by voters rather than judicial or administrative actions.
Ondo Attorney-General Defends Judgment
However, Ondo State Attorney-General and Commissioner for Justice, Kayode Ajulo, defended the Federal High Court ruling, insisting that it was based on constitutional provisions rather than political considerations.
Ajulo argued that Section 225A of the Constitution clearly empowers INEC to deregister political parties that fail to meet prescribed electoral benchmarks, stressing that the judiciary is obligated to apply the law as enacted.
For now, the Court of Appeal’s decision means ADC and the four other affected parties will remain on INEC’s register pending the final determination of the appeals challenging the deregistration order.
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