The Court of Appeal of Nigeria sitting in Abuja has halted the implementation of a Federal High Court ruling that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The appellate court directed that the controversial judgment, which instructed the Independent National Electoral Commission (INEC) to remove the parties from the register, should not take effect pending further proceedings.
Delivering a unanimous ruling, a three-member panel headed by Justice Abubakar Mohammed criticised Justice Peter Lifu of the Federal High Court for proceeding with the judgment despite an earlier directive from the appellate court issued on May 22 suspending activities in the matter.
The appellate panel described the action as a violation of judicial hierarchy and strongly condemned the decision to proceed.
According to the court, the lower court’s conduct amounted to disregard for established judicial authority.
“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.
“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 ruled.
The Court of Appeal subsequently fixed June 25 for hearing of the substantive appeal.
The affected parties include the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
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Justice Lifu had earlier ruled that the parties failed to satisfy constitutional requirements necessary to maintain their registration and continue participating in elections.
The judgment prohibited INEC from recognising the parties, receiving candidate nominations from them or permitting them to participate in the 2027 general elections.
The court also ordered the affected parties to stop presenting themselves as registered political organisations.
The decision followed a suit instituted by the National Forum of Former Legislators, which argued that INEC is constitutionally obligated to deregister political parties that fail to meet electoral performance standards outlined under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC guidelines.
According to the group, the affected parties repeatedly failed to achieve benchmarks such as securing at least 25 per cent of votes in a state during presidential elections or winning elective positions at national, state or local government levels.
The former lawmakers maintained that the parties’ performance in the 2023 general election and subsequent by-elections fell short of constitutional requirements and argued that continued recognition weakens the credibility of Nigeria’s electoral process.