The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, dealing a major setback to efforts aimed at removing them from Nigeria’s political landscape ahead of the 2027 general elections.
In a unanimous ruling delivered on Thursday, a three-member panel of the appellate court led by Justice Abubakar Mohammed granted a stay of execution of the controversial judgment delivered by Justice Peter Lifu of the Federal High Court, Abuja.
The appellate court also strongly criticized Justice Lifu for proceeding with the matter despite an earlier order issued on May 22 directing him to halt further proceedings pending the determination of an appeal.
Describing the lower court’s action as a direct violation of judicial hierarchy, the appellate court held that Justice Lifu’s conduct amounted to “judicial rascality” and a serious affront to the authority of superior courts.
“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 courts and the Constitution,” the panel held.
The court further stated that it had a duty to protect the integrity of the judicial system and ensure compliance with its orders, stressing that the enforcement of the Federal High Court judgment must be suspended pending the hearing of the substantive appeal.
Consequently, the Court of Appeal granted the application for a stay of execution and fixed June 25 for the hearing of the appeal.
Justice Lifu had, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister five political parties — the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The trial court held that the affected parties failed to meet constitutional requirements necessary to retain their registration and participate in future elections.
It further directed INEC to cease recognising the parties, reject nominations submitted by them, and prevent them from participating in activities relating to the 2027 general elections.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties had consistently failed to meet the electoral performance thresholds stipulated under Section 225A of the 1999 Constitution, as amended.
According to the plaintiffs, the affected parties failed to secure the minimum electoral benchmarks required by law, including winning at least 25 per cent of votes in a state during a presidential election or securing elective positions at the federal, state, or local government levels.
The NFFL maintained that the parties recorded poor performances in the 2023 general elections and subsequent by-elections, making their continued existence as registered political parties unconstitutional.
However, with the Court of Appeal now intervening, the ADC and the four other parties will continue to enjoy legal recognition pending the outcome of the substantive appeal, a development that could significantly impact political calculations ahead of the 2027 elections.
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