Appeal Court Suspends Execution of Judgment Against ADC and Four Others

By Ikechukwu Nnochiri

ABUJA — The Court of Appeal in Abuja has issued an order to stay the execution of a judgment that had directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The decision was made unanimously by a three‑member panel headed by Justice A. B. Mohammed. The panel criticized Justice Peter Lifu of the Federal High Court in Abuja for ignoring an order issued on May 22 that had instructed him to suspend proceedings before him.

The appellate court described Justice Lifu’s conduct as an affront to the court hierarchy, calling it “the highest form of judicial impertinence.” It noted that the Supreme Court has ruled that a judge who behaves 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 the court and the 1999 Constitution,” the court said. “This court has the duty to invoke its powers in ensuring that its orders are made.”

Accordingly, the application for a stay of execution was granted, and the enforcement of the judgment has been stayed.

For context, the high court had directed INEC to deregister not only the ADC but also the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). The court found that these five parties had failed to meet the constitutional requirements necessary for continued existence and participation in future elections.

As a result, INEC was barred from further recognition of the parties, from accepting nominations of candidates from them, or from allowing their activities to facilitate participation in the 2027 general elections. Justice Lifu also ordered the defendants to cease presenting themselves as registered political parties in the country.

He acknowledged merit in a suit filed by the National Forum of Former Legislators (NFFL) under case number FHC/ABJ/CS/2637/2026. The suit asked the court to determine whether INEC has a constitutional obligation to remove parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

The plaintiff argued that the five defendants had repeatedly failed to meet the constitutional benchmarks required for registration. The required benchmarks include winning at least 25 percent of the vote in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

The former legislators contended that the ADC and the other parties performed poorly in both the 2023 general elections and the by‑elections conducted by INEC, thereby failing to win seats across key tiers of government. They maintained that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.

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