The Court of Appeal in Abuja on Tuesday reserved judgment in appeals challenging the Federal High Court’s decision ordering the Independent National Electoral Commission (INEC) to deregister five opposition political parties.
The parties are the African Democratic Party (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP).
A three-member panel of justices led by Justice Abba Mohammed said a date would be communicated to all parties in the suit.
Earlier, Musial Adetunbi, SAN, who represented Accord Party, urged the court to void and set aside the Federal High Court judgment for being a nullity.
He argued that Justice Peter Lifu who issued the deregistration order erred in law because his findings and conclusions were based on facts not supported any law.
Adetunbi faulted the lower court judgment on various grounds and pleaded with the appellate court to throw it away in the interest of justice.
The Court of Appeal had on June 16 granted a stay of execution of the High Court’s judgment and took a swipe at Justice Lifu for refusing to stay proceedings in the matter as ordered by the appellate Court being higher in the judiciary hierarchy.
The appellate court held that Justice Lifu ignored its earlier order of May 22 directing him to stay proceedings pending the determination of an interlocutory appeal.against his ruling and despite being notified of the order.
The Court described his conduct as “a form of judicial impertinence ,” noting that the Supreme Court had previously held that such conduct amounts to “judicial rascality” and is unbecoming of a judicial officer.
Justice Lifu had ordered INEC to deregister the five political parties on the grounds that they failed to meet the constitutional requirements necessary to retain their registration.
The court also restrained INEC from recognising the affected parties, accepting nominations from them, or allowing them to participate in the 2027 general elections.
Justice Lifu further ordered the parties to stop presenting themselves as registered political parties, holding that the suit filed by the National Forum of Former Legislators (NFFL) had merit.
A body operating under the aegis of National Forum of Former Legislators NFL instituted the suit marked FHC/ABJ/CS/2637/2026, against the five political parties.
NFFL through its lawyer Rabo Mohammed had argued that INEC had a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC Regulations to deregister political parties that fail to meet the prescribed electoral performance thresholds.
The plaintiffs maintained that the affected parties failed to satisfy the constitutional benchmarks, including winning at least 25 per cent of the votes in a state during a presidential election .
In addition, or securing at least one elective seat at the federal, state, or local government level.
According to the NFFL, the ADC and the four other parties failed to meet these requirements in the 2023 general elections and subsequent by-elections, making their continued recognition by INEC unlawful.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, who is also a defendant in the suit, supported the plaintiffs’ position.
In his court filings, the AGF argued that allowing the parties to remain registered violates the provisions of the Constitution and undermines the integrity of Nigeria’s electoral system.
He further contended that INEC would continue to breach its constitutional obligations unless the court intervened.
However, dissatisfied with the Federal high court’s decision, all the defendants, including INEC, appealed the judgment and urged the court of Appeal to set it aside. (NAN)
