Judge Lifu’s Verdict: A Setback To Democracy -By Ibrahim Mustapha Pambegua

Few days after Nigerians celebrated June 12—Democracy Day—with pomp and pageantry, reflecting on 27 years of unbroken civil rule, a ruling by the Federal High Court in Abuja has come as a surprise to many, including this writer. Justice Peter Lifu ordered the Independent National Electoral Commission (INEC) to deregister some political parties. In his judgment delivered on Monday, Justice Lifu held that the affected parties breached Section 225 of the Nigerian Constitution. This section empowers INEC to deregister political parties that fail to win any elective position or secure at least 25 percent of votes in previous elections at the federal, state, or local government levels. The parties affected include the Action Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).

If enforced immediately, this judgment could trigger a wave of disqualifications of candidates ahead of the 2027 general elections, as well as the upcoming off-cycle governorship elections scheduled for Ekiti and Osun States this year.

However, many political analysts and legal experts have faulted the ruling, describing it as a deliberate attempt by certain elements within the judiciary to undermine Nigeria’s democracy. For instance, during the 2023 general elections, the ADC won two seats in the House of Representatives and one seat in the Kogi State House of Assembly. By this record, the party arguably meets the constitutional requirements to remain registered. More troubling is the fact that Justice Lifu’s ruling came despite an earlier order from the Court of Appeal directing a halt to proceedings in the suit seeking the deregistration of political parties. The appellate court, in a unanimous decision delivered on May 22 by a three-member panel comprising Justices Mohammed Danjuma, Adebukola Banjoko, and Oyejoju Oyewumi, had ordered a stay of further action.

The speed with which Justice Lifu proceeded to deliver judgment, in apparent disregard of this directive, raises serious concerns about judicial propriety and discipline. Unsurprisingly, the judgment has sparked widespread anger among politicians, civil society organizations and concerned citizens. Reports indicate that some civil society groups are preparing to petition the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, as well as the National Judicial Council (NJC), over what they describe as unprofessional conduct.

Nigeria operates a multiparty democratic system, any attempt to arbitrarily deregister political parties risks heightening political tension and destabilizing the democratic space. Political parties are vital platforms for citizen participation, representation and political engagement. Consequently, any judicial action affecting party participation directly impacts the fundamental democratic rights of Nigerians.

If not properly addressed, this situation could weaken political competition and ultimately limit voter choice, undermining the very essence of a multiparty democracy. Although the Court of Appeal has since stayed the execution of the Federal High Court’s judgment, there is a compelling need for the National Judicial Council to investigate Justice Peter Lifu’s conduct. If found culpable, appropriate disciplinary measures should be taken.
The judiciary remains the last hope of the common man. It is therefore imperative for this vital arm of government to cleanse itself of actions and actors that threaten its integrity and erode public confidence.

Ibrahim Mustapha Pambegua, Kaduna State. 08169056963.