Appeal Court reserves judgment in case seeking deregistration of ADC, four other political parties

The Court of Appeal in Abuja has reserved judgment in the appeals challenging a Federal High Court ruling that ordered the Independent National Electoral Commission (INEC) to deregister five political parties over their performance in the 2023 general elections.

A three-member panel of the appellate court, led by Justice Abba Mohammed, reserved judgment after lawyers representing the parties adopted their written briefs and presented final arguments. The court said a date for the judgment would be communicated to all parties.

The appeals stem from a judgment delivered by the Federal High Court in Abuja, which directed INEC to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).

The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet the constitutional and electoral requirements necessary to retain their registration.

The group relied on Section 225A of the 1999 Constitution (as amended) and relevant provisions of the Electoral Act 2022, contending that political parties that fail to secure at least 25 per cent of votes in any state during a presidential election or fail to win elective offices at the federal, state or local government levels should be deregistered.

In his judgment, Justice Peter Lifu of the Federal High Court agreed with the NFFL and ordered the five parties to cease operating as registered political parties. He also restrained INEC from recognizing them or allowing them to participate in future elections, including the 2027 general elections.

However, the judgment immediately sparked legal challenges from the affected parties and INEC, both of which approached the Court of Appeal to overturn the decision.

During the appeal proceedings, counsel for the appellants argued that the trial court erred in law and urged the appellate court to set aside the judgment in its entirety.

The respondents, represented by senior lawyer Yakubu Ruba (SAN), maintained that the Federal High Court correctly interpreted the law and asked the appellate court to dismiss the appeals and affirm the deregistration order.

The case has also drawn attention because of the circumstances surrounding the Federal High Court’s judgment.

Before Justice Lifu delivered his ruling, the Court of Appeal had reportedly issued an interim order directing the lower court to suspend further proceedings pending the determination of an interlocutory appeal filed by the affected parties.

Despite the subsisting order, the Federal High Court proceeded to deliver its judgment.

In a subsequent ruling, the Court of Appeal stayed the execution of the High Court’s decision and criticised the lower court’s action, describing it as a disregard for the authority of a superior court. The appellate panel stated that proceeding with the judgment despite a stay order amounted to judicial impropriety, citing previous Supreme Court decisions on adherence to the hierarchy of courts.

The outcome of the appeal is expected to have significant implications for Nigeria’s electoral system and the regulation of political parties.

Legal observers say the judgment will clarify the extent of INEC’s constitutional powers to deregister political parties based on electoral performance and could shape the country’s multi-party landscape ahead of preparations for the 2027 general elections.

Until the Court of Appeal delivers its judgment, the earlier deregistration order remains suspended, allowing the affected political parties to continue operating pending the final determination of the case.