Appeal Court Suspends Execution of Judgment on Deregistration of ADC and Four Others

The Court of Appeal in Abuja has ordered that the execution of the Federal High Court judgment, which on Monday deregistered the African Democratic Congress (ADC) and four other political parties, be stayed.

The judgment directed the Independent National Electoral Commission (INEC) to deregister the ADC and four other parties, but the appellate court has now prohibited its execution.

In a unanimous ruling, a three‑member panel led by Justice Abubakar Mohammed accused Justice Peter Lifu of the Federal High Court of flouting an order issued on May 22 that directed him to suspend proceedings before him.

The appellate court said Justice Lifu’s conduct amounted to an affront to the judicial hierarchy, describing it as “the highest form of judicial impertinence.” It noted that the Supreme Court has held that a judge who acts in such a manner is “unfit for the bench” because it constitutes 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. The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court held.

The Court of Appeal has set June 25 for the substantive appeal hearing.

In addition to the ADC, the high court directed INEC to deregister the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

According to the court, the five political parties failed to meet the constitutional requirements necessary for continued existence and participation in future elections.

It barred INEC from further recognition of the parties, from accepting nominations of candidates from them, or from allowing their activities to support participation in the 2027 general elections.

Justice Lifu also ordered the defendants to cease presenting themselves as registered political parties in the country, finding merit in a suit filed by the National Forum of Former Legislators (NFFL).

The suit, marked FHC/ABJ/CS/2637/2026, asked the court to determine whether INEC has a constitutional obligation to remove political 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 political parties had persistently failed to meet the constitutional benchmarks required to retain their registration.

They noted that the requirements include winning at least 25 percent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

The litigants said the ADC and the four 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.