Appeal Court halts enforcement of judgment deregistering ADC, four other parties

Appeal Court halts enforcement of judgment deregistering ADC, four other parties

The Court of Appeal in Abuja on Tuesday suspended the execution of a Federal High Court judgement that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, handing a major reprieve to Nigeria’s opposition coalition ahead of the 2027 general election.

The Federal High Court in Abuja on Monday ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (A) and Zenith Labour Party (ZLP) for their alleged failure to meet requirements for existence.

But in a unanimous ruling, a three-member panel led by Justice A.B. Mohammed granted a stay of execution of the lower court’s judgment and sharply criticised Justice Peter Lifu of the Federal High Court for proceeding with the case despite an earlier order directing him to halt further proceedings.

The appellate court held that the trial judge acted in defiance of its May 22 order, describing the action as a violation of the judicial hierarchy and constitutional order.

According to the court, proceeding to judgment despite a subsisting appellate directive amounted to “the highest form of judicial impertinence” and undermined the authority of superior courts. “The enforcement of the judgment is hereby stayed,” the court ruled.

The decision effectively suspends the implementation of the June 15 judgement which directed INEC to deregister the parties.

Justice Lifu had ruled that the parties failed to satisfy constitutional requirements for continued registration and participation in elections. He consequently barred INEC from recognising the affected parties, accepting candidates sponsored by them or permitting them to participate in the 2027 elections.

The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the parties failed to meet the electoral performance thresholds prescribed under Section 225A of the Constitution.

But the Appeal Court ruling restores the status quo pending the determination of the substantive appeal, ensuring that the ADC and the other affected parties remain legally recognised for now.

Earlier in the proceedings, INEC told the court it was surprised that Justice Lifu went ahead to deliver the judgement, revealing that the commission only became aware of the ruling through media reports and not through any official communication from the court.

INEC’s lead counsel, Haliru Mohammed, informed the appellate panel that the commission was aware of the Court of Appeal’s May 22 order restraining the lower court from delivering the judgement, which had initially been scheduled for June 5.

“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgement,” he said.

The electoral commission also aligned itself with the notice of appeal filed by the affected political parties.

Counsel to the ADC, Shuaibu Aruwa (SAN), further told the court that Justice Lifu communicated the judgement date to the party through WhatsApp, a disclosure that reportedly drew reactions from members of the appellate panel.

Aruwa described the trial court’s action as a threat to the administration of justice and urged the Court of Appeal to exercise its constitutional authority to protect the integrity of the judicial process.

“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button,” he submitted.

Other affected political parties also drew the court’s attention to the June 20 by-elections in six states, warning that allowing the judgement to stand could trigger significant electoral and constitutional complications across the country.