Appeal Court halts deregistration of ADC, four other parties

The Court of Appeal in Abuja has ordered a stay of execution on a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The affected parties include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

In a unanimous ruling delivered by a three-member panel led by Justice A. B. Mohammed, the appellate court strongly criticised the handling of the case at the lower court, describing the conduct of the trial judge as a serious breach of judicial order and hierarchy.

Appeal Court Faults Disobedience of Earlier Order

The Court of Appeal held that Justice Peter Lifu of the Federal High Court in Abuja acted in disregard of an earlier directive issued on May 22, which had instructed that proceedings in the matter be suspended.

According to the appellate court, proceeding to deliver judgment despite that order amounted to what it described as “a brazen violation of the hierarchy of courts.”

The panel did not mince words in its criticism, stating that the action of the lower court constituted:

“The highest form of judicial impertinence”

It further referenced past Supreme Court positions, noting that judicial conduct of such nature has previously been described as “judicial rascaliity,” and is incompatible with the expectations of judicial office.

Court Affirms Supervisory Powers

Reaffirming its supervisory authority over lower courts, the Appeal Court stressed that its orders must be obeyed to preserve institutional integrity.

It held that courts are constitutionally bound to protect their authority and ensure compliance within the judicial hierarchy, warning that disregard for appellate orders undermines the justice system.

The court consequently granted the application for stay of execution, effectively halting enforcement of the Federal High Court judgment pending further proceedings.

“The enforcement of the judgment is stayed,” the panel ruled.

Background: Attempt to Deregister Five Political Parties

The original suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the five political parties had failed to meet constitutional requirements for continued registration.

In suit number FHC/ABJ/CS/2637/2026, the group asked the court to determine whether INEC has a duty under Section 225A of the 1999 Constitution (as amended) to deregister parties that fail to meet electoral performance thresholds.

The plaintiffs maintained that political parties must demonstrate measurable electoral relevance, including:

Winning at least 25% of votes in a state during presidential elections, or

Securing at least one elective position at national, state, or local government levels.

They argued that ADC, APP, AA, AP, and ZLP failed to meet these benchmarks in the 2023 general elections and subsequent by-elections, insisting their continued recognition undermines Nigeria’s electoral integrity.

INEC Barred From Acting on Deregistration Order

The Federal High Court had earlier restrained INEC from:

Recognising the affected parties

Accepting their candidates’ nominations

Allowing them participate in future elections, including the 2027 polls

And ordered them to stop parading themselves as registered political parties

However, with the Court of Appeal’s latest intervention, the enforcement of that judgment has now been suspended pending further legal proceedings.