Appeal Court Stays Judgment Ordering Deregistration of ADC, APP, Three Other Political Parties

The Court of Appeal in Abuja has ordered a stay of execution of 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.

In a unanimous decision delivered by a three-member panel led by Justice A. B. Mohammed, the appellate court faulted the actions of Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver judgment despite an earlier order issued by the Court of Appeal on May 22 directing him to suspend proceedings in the matter.

The appellate court described the lower court’s conduct as a serious violation of judicial hierarchy, stating that it amounted to “the highest form of judicial impertinence.” It further cited the position of the Supreme Court that a judge who disregards the authority of a superior court engages in “judicial rascality” and is “unfit for the bench.”

According to the panel, courts have a responsibility to safeguard their institutional integrity and ensure compliance with their orders.

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

The suspended judgment had directed INEC to deregister the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), on the grounds that they failed to satisfy constitutional requirements necessary for their continued existence.

Justice Lifu had also barred INEC from recognising the affected parties, accepting nominations of candidates from them, or allowing them to participate in the 2027 general elections. Additionally, he ordered the parties to cease presenting themselves as registered political organisations in Nigeria.

The decision followed a suit filed by the National Forum of Former Legislators (NFFL) in case number FHC/ABJ/CS/2637/2026. The group argued that INEC had a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and its own regulations to deregister political parties that fail to meet prescribed electoral performance thresholds.

According to the plaintiffs, the affected parties failed to achieve the constitutional benchmarks required to retain registration, including securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government levels.

The NFFL maintained that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections, failing to secure representation across key levels of government. It argued that their continued recognition as registered political parties undermines the integrity of Nigeria’s electoral system.

However, with the Court of Appeal’s latest ruling, enforcement of the Federal High Court’s judgment has been suspended pending the determination of the substantive appeal, allowing the affected political parties to retain their legal status for the time being.