The Court of Appeal has suspended the Federal High Court, Abuja’s order deregistering the African Democratic Congress (ADC) and four other political parties over their failure to meet the constitutional requirement of securing 25 per cent of votes in the last general elections.
A three-member panel of the appellate court, led by Justice A. B. Mohammed, suspended the lower court’s order in a unanimous ruling delivered on Tuesday.
Nairametrics previously reported that Justice Peter Lifu of the Federal High Court had, in a recent judgment, ordered the Independent National Electoral Commission (INEC) to deregister the affected parties, namely: the ADC, Accord (A), Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
The trial court’s decision was made in a suit filed by the Incorporated Trustees of the National Forum of Former Legislators, marked FHC/ABJ/CS/2637/2026, against the five political parties.
What the court is saying
In its ruling on Tuesday, the Court of Appeal described Justice Lifu’s order as the highest form of judicial impertinence for disregarding its earlier directive ordering a stay of proceedings at the trial court.
The panel of justices held that proceeding to deliver judgment in the matter amounted to an exhibition of judicial rascality, according to Channels Television.
- Citing the Supreme Court, the Court of Appeal held that a judge who acts in such a manner “is unfit for the bench as it amounts to 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.
- “This court has the duty to invoke its powers to ensure that its orders are obeyed,” the Court of Appeal said.
Consequently, the Court of Appeal ruled that the application for a stay of execution of the trial court’s judgment was granted, while enforcement of the judgment was suspended.
Backstory
Recall that Justice Lifu had observed that the affected political parties failed to secure the required 25 per cent of votes in the last general elections.
The judge also dismissed the multiple preliminary objections filed by the parties.
- He subsequently ordered INEC not to allow the parties to participate in subsequent elections, including the 2027 general elections, having failed to meet the constitutional threshold.
- The plaintiff joined the Attorney-General of the Federation (AGF) and INEC as defendants in the suit.
The forum alleged that the affected political parties failed to meet constitutional requirements relating to electoral spread and performance.
What you should know
The development comes days after the Supreme Court, in a separate political leadership case, returned the matter involving the ADC to the Federal High Court for determination.
Nairametrics previously reported that the Court of Appeal in Abuja dismissed an appeal filed by former Senate President David Mark over the ongoing African Democratic Congress (ADC) leadership dispute.
In a unanimous judgment, a three-member panel comprising Justices Uchechukwu Onyemenam, Mohammed Mustapha, and Okon Efreti Abang struck out the appeal for being incompetent after upholding a preliminary objection challenging the court’s jurisdiction.
The respondents in that case included Nafiu Bala Gombe, the African Democratic Congress (ADC), Rauf Aregbesola, Ralph Nwosu, and the Independent National Electoral Commission (INEC).
The ruling suspending the deregistration of the affected political parties comes at a time when parties are recalibrating their internal structures ahead of the 2027 general elections.
Earlier this year, the Independent National Electoral Commission informed the National Assembly that it would require N873.78 billion to conduct the elections, in addition to N171 billion for its operational expenses in 2026—a sharp increase from the N313.4 billion released for the 2023 polls.
