ABUJA — The Court of Appeal in Abuja on Tuesday reserved judgment in appeals challenging a Federal High Court decision that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel of the appellate court, led by Justice Abba Mohammed, reserved judgment after all parties adopted their respective briefs of argument. The court said the date for delivery of the judgment would be communicated to the parties.
The parties seeking to overturn the Federal High Court judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The development follows an earlier ruling by the Court of Appeal on June 16, when it granted a stay of execution of the Federal High Court’s judgment pending the determination of the appeals.
At the time, the appellate court strongly criticised the trial judge, Justice Peter Lifu, for proceeding to deliver judgment despite an earlier order directing him to suspend proceedings.
The appellate panel noted that it had, on May 22, ordered Justice Lifu to stay further proceedings pending the determination of an appeal filed by the affected parties. It held that although the trial judge was aware of the appellate court’s directive, he proceeded to deliver judgment in the matter.
The court described the action as a disregard for judicial hierarchy, stressing that lower courts are bound by the orders of superior courts.
Justice Lifu had ruled that INEC should immediately deregister the five political parties for allegedly failing to satisfy constitutional requirements for continued registration.
The trial court also restrained INEC from recognising the affected parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections. In addition, the court directed the parties to stop presenting themselves as registered political parties in Nigeria.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that INEC had failed to carry out its constitutional responsibility of deregistering political parties that no longer meet the conditions stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant electoral regulations.
According to the plaintiffs, the affected political parties failed to attain the required electoral performance needed to retain their registration. They argued that the constitutional benchmarks include securing at least 25 percent of votes in one state during a presidential election or winning at least one elective office at the national, state, or local government level.
The NFFL maintained that the ADC, APP, AA, AP, and ZLP failed to achieve the required electoral success during the 2023 general elections and subsequent by-elections, making their continued recognition by INEC inconsistent with constitutional provisions.
The plaintiffs further argued that allowing the parties to remain registered undermines the integrity and credibility of Nigeria’s electoral system.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who is also a defendant in the suit, supported the position of the plaintiffs.
In court filings, the Attorney General contended that INEC’s continued recognition of the affected political parties amounts to a violation of the Constitution, arguing that the electoral body has a constitutional obligation to deregister parties that fail to meet the prescribed legal requirements.
However, INEC and the five affected political parties appealed the Federal High Court’s judgment, urging the Court of Appeal to set it aside.
Following the hearing of the appeals on Tuesday, the appellate court reserved judgment, with parties expected to be notified once a date for its delivery is fixed.
Appeal Court Reserves Judgment on Bid to Void Order Deregistering ADC, Four Other Political Parties
