Court Postpones Hearing of Appeals Regarding ADC Deregistration Until July 7

By Ikechukwu Nnochiri, Abuja

The Court of Appeal in Abuja postponed the hearing of substantive appeals that seek to overturn the judgment ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties. The hearing will take place on July 7.

A three‑member panel headed by Justice Abba Mohammed approved a full hearing after completing housekeeping proceedings that allowed the parties to identify and regularise all the processes filed in the case.

In addition to the ADC, the parties seeking to nullify the Federal High Court judgment are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The appellate panel ruled that all appeals will be heard on the scheduled date.

On June 16, the appeal court had ordered a stay of execution of the high court judgment and criticized the trial judge for disrespecting the judicial hierarchy.

The panel rebuked Justice Peter Lifu of the Federal High Court in Abuja for ignoring an order issued on May 22 that directed him to stay proceedings pending the outcome of an appeal by the parties.

According to the appellate court, Justice Lifu deliberately disregarded the stay order and proceeded to deliver the judgment.

It described Justice Lifu’s conduct as “a form of judicial impertinence,” noting that the Supreme Court has held that a judge who behaves in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”

The high court had directed INEC to deregister the five political parties, stating that they failed to meet the constitutional requirements for continued existence and participation in future elections.

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

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

The NFFL suit, marked FHC/ABJ/CS/2637/2026, requested the court 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 plaintiffs argued that the five parties listed as defendants had persistently failed to meet the constitutional benchmarks required for registration.

They stated 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 plaintiffs told the court that 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.

The litigants insisted 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.

Notably, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is also a defendant in the matter, supported the plaintiffs.

In filings before the court, the AGF argued that the continued existence of the said parties violates provisions of the 1999 Constitution (as amended) and ultimately undermines the nation’s electoral integrity.

The AGF contended that unless the court intervened, INEC would continue to act in breach of its constitutional duty by retaining parties that have failed to meet the minimum requirements prescribed by law.

However, dissatisfied with the trial court’s verdict, all defendants, including INEC, urged the appellate court to set it aside.