Court of Appeal

Court of Appeal stops INEC from deregistering ADC, four other parties

ABUJA — The Court of Appeal in Abuja has granted a stay of execution on the judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

In a unanimous ruling, a three-member panel led by Justice A. B. Mohammed strongly rebuked Justice Peter Lifu of the Federal High Court in Abuja for disregarding an order issued on May 22 that directed him to suspend proceedings in the case.

The appellate court declared that Justice Lifu’s decision to proceed with the judgment despite the express order constituted “the highest form of judicial impertinence” and an affront to the hierarchy of courts. The panel further noted that the Supreme Court had previously held that such judicial conduct “amounts to judicial rascality” and renders a judge “unfit for the bench.”

“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,” the panel held.

The court added: “This court has the duty to invoke its powers in ensuring that its orders are made. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed.”

Aside from the ADC, the other parties affected by the lower court’s ruling were the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

Justice Lifu had ruled that the five political parties failed to meet constitutional requirements for continued registration, including winning at least 25 percent of votes in a state during a presidential election or securing at least one elective seat at national, state, or local government level.

He barred INEC from recognising the parties, accepting their candidates, or giving effect to their activities for the 2027 general elections.

The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties’ poor performance in the 2023 elections and subsequent by-elections made their continued existence unlawful and detrimental to the integrity of the electoral system.

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