Appeal Court Takes Fresh Action on ADC, Four Others’ Deregistration Case

The Court of Appeal sitting in Abuja has reserved judgment in appeals seeking to overturn a Federal High Court ruling that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.

A three-member panel of the court led by Justice Abba Mohammed fixed the matter for judgment after lawyers representing all the parties adopted their written arguments.

The court said the date for the judgment would be communicated to the parties.

The parties challenging the Federal High Court judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).

The appeals followed a judgment by Justice Peter Lifu of the Federal High Court in Abuja, which directed the Independent National Electoral Commission (INEC) to deregister the five political parties for allegedly failing to meet the constitutional requirements for continued registration.

The trial court also barred INEC from recognising the affected parties, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.

The judgment was delivered in a suit filed by the National Forum of Former Legislators (NFFL), which argued that the five parties had failed to meet the electoral performance thresholds provided under Section 225A of the 1999 Constitution, the Electoral Act 2022 and INEC regulations.

According to the plaintiffs, the parties failed to secure the minimum electoral performance required to remain registered political parties after the 2023 general elections and subsequent by-elections. They argued that the continued recognition of the parties by INEC was unlawful and undermined the integrity of Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, also supported the suit, arguing that allowing the parties to remain registered despite failing to meet constitutional requirements amounted to a breach of the law.

However, the affected political parties and INEC challenged the judgment at the Court of Appeal, asking the appellate court to set it aside.

The latest development comes weeks after the Court of Appeal, on June 16, ordered a stay of execution of the Federal High Court judgment. The appellate court also criticised Justice Lifu for proceeding to deliver judgment despite an earlier order directing him to suspend proceedings pending the outcome of the appeal.

The appellate court described the trial judge’s action as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”