Court of Appeal Reserves Verdict in ADC, Four Parties’ Challenge to Deregistration Order

The Court of Appeal has reserved judgment in appeals filed by the African Democratic Congress (ADC), four other political parties and the Independent National Electoral Commission (INEC) against a Federal High Court ruling ordering the parties’ deregistration.

A three-member panel headed by Justice Abba Mohammed announced that judgment had been reserved after lawyers representing all parties adopted their respective briefs of argument.

The appeal involves the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), all seeking to overturn the lower court’s decision.

The appellate court had previously suspended the enforcement of the High Court judgment and criticised Justice Peter Lifu for delivering his ruling despite an earlier directive from the Appeal Court ordering a stay of proceedings.

The panel said Justice Lifu ignored its May 22 order and proceeded to deliver judgment, describing his conduct as “a form of judicial impertinence.” It further noted the Supreme Court’s position that a judge who behaves in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”

Justice Lifu had ruled in favour of the National Forum of Former Legislators (NFFL), directing INEC to deregister the five political parties for allegedly failing to satisfy constitutional conditions required to remain registered.

The judgment also prohibited INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections.

The NFFL, in suit FHC/ABJ/CS/2637/2026, argued that Section 225A of the 1999 Constitution (as amended), alongside the Electoral Act 2022 and INEC regulations, requires the electoral body to deregister political parties that fail to meet stipulated electoral performance benchmarks.

According to the plaintiffs, the affected parties did not secure the minimum constitutional requirements, including winning at least 25 per cent of votes in a state during a presidential election or obtaining an elective seat at the federal, state or local government levels.

They argued that the parties’ poor showing in the 2023 general elections and subsequent by-elections justified their deregistration and that allowing them to remain registered compromises the integrity of Nigeria’s electoral process.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), backed the plaintiffs, insisting that INEC’s continued recognition of the parties violates constitutional provisions and its statutory responsibilities.

Dissatisfied with the ruling, the affected political parties and INEC appealed, urging the Court of Appeal to set aside the Federal High Court judgment.

The Justice Abba Mohammed-led panel said the date for the judgment would be communicated to the parties in due course.

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