ADC, Accord, three others get reprieve as Appeal Court suspends deregistration order

The Court of Appeal in Abuja has ordered a stay of execution of a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).

The appellate court, in a unanimous ruling delivered by a three-member panel led by Justice A.B. Mohammed, suspended the enforcement of the judgment pending the determination of the appeal filed by the affected parties.

The court also faulted the trial judge, Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver judgment despite an earlier order of the Court of Appeal directing him to halt further proceedings in the matter.

According to the appellate court, Justice Lifu’s decision to continue with the case amounted to a violation of the judicial hierarchy and disregard for the authority of a superior court.

Describing the action as “the highest form of judicial impertinence,” the court noted that the Supreme Court had previously characterised similar conduct as judicial rascality.

“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of courts and the 1999 Constitution,” the panel held.

The court added that it was duty-bound to ensure compliance with its orders and consequently granted the application for a stay of execution.

“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the court ruled.

Justice Lifu had ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), holding that the parties failed to satisfy constitutional requirements for continued registration.

The trial court also restrained INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in activities relating to 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), marked FHC/ABJ/CS/2637/2026.

The group had asked the court to determine whether INEC was under a constitutional obligation to deregister political parties that failed to meet the electoral performance benchmarks stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.

The NFFL argued that the affected parties had consistently failed to meet the constitutional thresholds required to retain their registration, including securing at least 25 per cent of votes in a state during a presidential election or winning elective positions at the national, state or local government levels.

According to the plaintiffs, the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to win seats across key tiers of government.

The group maintained that the continued recognition of the parties by INEC was unlawful and detrimental to the integrity of Nigeria’s electoral system.

With the latest ruling of the Court of Appeal, however, the enforcement of the deregistration order has been suspended pending the final determination of the appeal.