INEC requests a stay on the enforcement of the verdict deregistering ADC and four other parties.

By Ikechukwu Nnochiri, ABUJA

The Independent National Electoral Commission (INEC) has requested the Court of Appeal in Abuja to stay the execution of a judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.

Read Also: Court orders INEC to deregister ADC, Accord, three others

INEC also supported a notice of appeal filed by the affected parties.

Speaking to a three‑member panel of the appellate court on Tuesday, the electoral body expressed shock at Justice Peter Lifu’s decision to deliver the judgment, despite an earlier order that prohibited him from doing so.

Represented by lawyer Mr. Haliru Mohammed, INEC said it had not been notified that the judgment would be delivered, learning of the court’s decision only through media reports.

“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court, which was initially reserved for delivery on June 5. We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” the commission stated.

ADC counsel Mr. Shuaibu Aruwa, SAN, informed the appellate court that Justice Lifu had notified the party of the judgment’s delivery via WhatsApp.

Aruwa argued that the high‑court decision undermined judicial hierarchy and urged the appellate court to exercise its disciplinary powers under Section 6 of the 1999 Constitution, as amended. He called for the immediate suspension of the judgment, stating, “We are calling on this court to exercise disciplinary jurisdiction under Section 6 of the 1999 Constitution, as amended. We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay.”

The other parties highlighted that INEC was scheduled to conduct by‑elections across six states on June 20. They contended that, if the judgment were not stayed, it would create nationwide complications, asserting that the Court of Appeal has inherent supervisory powers and should prevent lower courts from disregarding its orders.

The appellate court is still hearing submissions from the other parties.

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).

The court found that the five parties failed to meet constitutional requirements 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 influence the 2027 general elections.

Justice Lifu also ordered the defendants to cease presenting themselves as registered political parties in the country. He noted that a suit filed by the National Forum of Former Legislators (NFFL) – case FHC/ABJ/CS/2637/2026 – had established that the parties had persistently failed to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), reinforced by the Electoral Act 2022 and INEC’s regulations.

The plaintiffs argued that the parties had not secured at least 25 percent of votes in a state during a presidential election or at least one elective seat at the national, state, or local government level, and that their poor performance in the 2023 general elections and subsequent by‑elections meant they had failed to win seats across key tiers of government.

The litigants 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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