The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to halt the enforcement of a Federal High Court judgment that directed the deregistration of the African Democratic Congress (ADC) and four other political parties.
INEC also expressed support for the appeal filed by the affected parties challenging the decision.
Recall that Justice Peter Lifu of the Federal High Court in Abuja had on Monday ordered the deregistration of the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, ruling that they did not satisfy the constitutional conditions required to remain registered.
At Tuesday’s resumed hearing before a three-member panel of the Court of Appeal, INEC’s counsel, Haliru Mohammed, said the commission was taken aback that the lower court went ahead to deliver its judgment despite an earlier directive from the appellate court.
“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,” Mohammed said.
“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.”
Counsel representing the ADC, Senior Advocate of Nigeria, Mr. Shuaibu Aruwa, also told the appellate court that the party only learned of the ruling through a WhatsApp message from the trial court.
Aruwa urged the Court of Appeal to step in, arguing that the High Court proceeded with the judgment despite an existing order from the appellate court.
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“Sincerely, my Lords, a lot has happened to the judiciary and this profession. What the trial judge did was dare this Court of Appeal by insisting that no one could arrest his judgment, even after his attention was drawn to the stay order from this court,” he said.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button.
“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.”
Lawyers representing other affected parties also informed the court about upcoming by-elections scheduled by INEC for June 20 in six states, warning that the ruling could create confusion in the electoral process.
They argued that the Court of Appeal has inherent powers to supervise lower courts and ensure compliance with its orders.
The court was still hearing submissions at the time of filing this report.
Earlier, Justice Lifu had ruled that the five political parties failed to meet constitutional requirements for continued registration and participation in elections.
He therefore barred INEC from recognising them, accepting candidates from them, or allowing their participation in the 2027 general elections.
The judge also ordered the parties to stop presenting themselves as registered political entities in Nigeria.
The case stemmed from a suit filed by the National Forum of Former Legislators (NFFL), which asked the court to determine whether INEC is constitutionally required to deregister parties that fail to meet performance standards under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC guidelines.
The group argued that the affected parties failed to meet key electoral thresholds, including winning at least 25 per cent of votes in a state during presidential elections or securing legislative seats at various levels.
It further stated that poor performance in the 2023 general elections and subsequent by-elections showed the parties lacked required representation.
According to the former lawmakers, continued recognition of such parties weakens the credibility of Nigeria’s electoral system.