The political future of the African Democratic Congress (ADC) and four other political parties now hangs in the balance after the Court of Appeal in Abuja reserved judgment in appeals challenging a Federal High Court order directing their deregistration.
A three-member panel of the appellate court, led by Justice Abba Bello Mohammed, on Tuesday deferred its decision after lawyers representing all parties adopted their final written addresses, with the court stating that a date for judgment would be communicated in due course.
The appeals were filed by the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), all seeking to overturn the Federal High Court judgment that ordered their removal from the register of the Independent National Electoral Commission (INEC).
Arguing the appeal on behalf of the Accord Party, Senior Advocate of Nigeria, Musibau Adetunbi, urged the appellate court to nullify the lower court’s judgment, insisting that Justice Peter Lifu erred in law by reaching conclusions allegedly unsupported by legal provisions.
Adetunbi argued that the decision was fundamentally flawed and should be set aside in the interest of justice.
The appeals stem from the judgment delivered by Justice Lifu in suit FHC/ABJ/CS/2637/2026, in which the Federal High Court directed INEC to deregister the five political parties for allegedly failing to meet the constitutional requirements for continued registration.
The court also restrained INEC from recognising the affected parties, accepting candidates sponsored by them or permitting them to participate in the 2027 general elections.
Justice Lifu further barred the parties from presenting themselves as registered political parties after ruling in favour of the National Forum of Former Legislators, which instituted the suit.
The plaintiffs, through their counsel, Rabo Mohammed, argued that INEC was constitutionally obligated under Section 225A of the 1999 Constitution (as amended), the Electoral Act and its regulations to deregister political parties that failed to meet prescribed electoral performance thresholds.
According to the forum, the affected parties neither secured at least 25 per cent of votes in any state during the 2023 presidential election nor won any elective office at the federal, state or local government levels in the general election and subsequent by-elections, making their continued registration unconstitutional.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined in the suit, backed the plaintiffs’ position, arguing that allowing the parties to remain on INEC’s register violated the Constitution and undermined the integrity of Nigeria’s electoral system.
He further maintained that INEC would continue to breach its constitutional obligations unless compelled by the courts to enforce the law.
Dissatisfied with the judgment, the affected political parties and INEC approached the Court of Appeal, asking it to overturn the Federal High Court’s decision.
The appellate court had earlier, on June 16, stayed the execution of the judgment pending the determination of the appeals.
In the same ruling, the Court of Appeal faulted Justice Lifu for proceeding with the case despite an earlier directive requiring him to suspend proceedings pending the resolution of an interlocutory appeal.
The appellate court described the action as “a form of judicial impertinence,” noting that the Supreme Court had previously characterised such conduct as “judicial rascality” and unbecoming of a judicial officer.
After hearing submissions from all parties on Tuesday, the panel, comprising Justices Abba Bello Mohammed, Donatus Okorowo and Oyebisi Oyewumi, reserved judgment, leaving the fate of the ADC and the four other parties to be decided on a date yet to be announced.
