Relief for ADC, AP, other parties as A-Court stops deregistration

The Court of Appeal in Abuja has granted a stay of execution on a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties. The lower court's decision, which cited the parties' failure to meet constitutional electoral thresholds under Section 225(a) of the 1999 Constitution and the Electoral Act 2022, was delivered despite a subsisting order from the Court of Appeal to halt proceedings. This appellate intervention provides significant relief to the affected parties, allowing them to maintain their registration status and participate in upcoming elections, while also strongly rebuking the trial judge for what it termed "judicial impertinence" and "judicial rascality."

The Nigerian political landscape recently witnessed a significant legal development as the Court of Appeal in Abuja intervened to halt the deregistration of the African Democratic Congress (ADC) and four other political parties. This intervention, coming as a stay of execution against a Federal High Court judgment, has profound implications for the affected parties and the broader democratic process in Nigeria. The decision underscores the critical role of the appellate courts in upholding judicial hierarchy and safeguarding the rights of political entities, particularly in the run-up to crucial elections.

The Independent National Electoral Commission (INEC) is vested with the constitutional and statutory power to register and, under specific conditions, deregister political parties in Nigeria. This power is primarily derived from Section 225(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and reinforced by provisions within the Electoral Act 2022. Section 225A of the Constitution outlines conditions for deregistration, including a party's failure to win any elective position or secure a prescribed percentage of votes in elections at federal, state, or local government levels. It is important to note that this section grants INEC the *power* to deregister, implying a discretionary authority, rather than imposing a mandatory duty.

In the immediate case, the National Forum of Former Legislators initiated a suit at the Federal High Court in Abuja, seeking an order to compel INEC to deregister five political parties: the African Democratic Congress (ADC), Accord Party (AP), Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP). The plaintiff argued that these parties had failed to meet the constitutional and electoral performance thresholds required for their continued existence. On Monday, June 15, 2026, Justice Peter Lifu of the Federal High Court delivered a judgment in favour of the plaintiff, ordering INEC to deregister the aforementioned parties and barring them from participating in future elections, including the 2027 general polls.

The Federal High Court's judgment, delivered by Justice Peter Lifu, was met with immediate controversy, primarily because it was rendered in apparent disregard of a subsisting order from the Court of Appeal. The Court of Appeal had, on May 22, 2026, issued an order directing a stay of proceedings in the matter pending the determination of an interlocutory appeal filed by the Accord Party. Despite being aware of this superior court order, Justice Lifu proceeded to hear and deliver the judgment, a conduct that the appellate court vehemently condemned.

In its unanimous ruling granting the stay of execution, a three-member panel of the Court of Appeal, led by Justice A. B. Mohammed, sharply rebuked Justice Lifu. The appellate court described the trial judge's action as "judicial impertinence" and "the highest form of judicial rascality," stressing that such conduct amounted to an affront to the hierarchy of courts and the 1999 Constitution. The Court of Appeal emphasized its supervisory authority over lower courts and its duty to ensure that its orders are obeyed, citing Supreme Court precedents that characterize such disregard as rendering a judge "unfit for the bench."

Crucially, INEC, the electoral body mandated with the power of deregistration, aligned itself with the political parties' appeal, expressing shock at the Federal High Court's decision and stating that it only became aware of the judgment through media reports. This stance by INEC is significant, as it suggests a potential divergence from the mandatory enforcement implied by the Federal High Court's ruling, reinforcing the discretionary nature of its powers under Section 225A of the Constitution. The stay of execution effectively preserves the status quo, allowing the ADC, Accord, Action Alliance, Action Peoples Party, and Zenith Labour Party to continue as registered political parties pending the substantive determination of their appeals. This decision averts an immediate electoral crisis, which would have seen prominent candidates, such as Atiku Abubakar (ADC) and Governor Ademola Adeleke (Accord), disqualified from upcoming elections.

The Court of Appeal's decisive intervention provides crucial relief for the African Democratic Congress and the four other political parties, ensuring their continued participation in the electoral process for now. For legal practitioners, this development highlights the paramount importance of adhering to judicial hierarchy and the principle of *stare decisis*. The strong condemnation of the trial judge's conduct serves as a stark reminder of the consequences of disregarding superior court orders, reinforcing the integrity and authority of the appellate system.

Practitioners should closely monitor the substantive appeal, as its outcome will further clarify the interpretation and application of Section 225A of the 1999 Constitution and the Electoral Act 2022 regarding party deregistration. The case also underscores the potential for litigation to significantly impact electoral timelines and candidate eligibility, necessitating meticulous attention to procedural compliance and appellate strategies. The ongoing legal battle will undoubtedly shape the contours of multi-party democracy in Nigeria, making it a critical area of focus for electoral law specialists and political stakeholders alike.