Court of Appeal
A fresh twist has emerged in Nigeria’s political landscape as the Court of Appeal in Abuja has halted the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The appellate court, in a unanimous decision delivered by a three-member panel led by Justice Abubakar Mohammed, granted a stay of execution of the controversial ruling pending the hearing and determination of the substantive appeal.
The decision means the Independent National Electoral Commission (INEC) cannot immediately carry out the Federal High Court’s directive to remove the affected parties from the electoral register or stop them from participating in the 2027 general elections.
The judgment followed a legal battle over the continued existence of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). Justice Peter Lifu of the Federal High Court had earlier ordered INEC to deregister the five parties, ruling that they failed to meet constitutional requirements for retaining their status as registered political parties.
However, the Court of Appeal raised concerns over the manner in which the judgment was delivered. The appellate court accused the lower court of proceeding with the matter despite an earlier directive ordering a suspension of proceedings.
In its ruling, the Court of Appeal described the action as “the highest form of judicial impertinence,” stressing that it violated the hierarchy of courts and constitutional principles.
The panel stated, “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 appellate court further emphasized its authority to ensure that its orders are respected.
“This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the judges ruled.
The Court of Appeal has fixed June 25 for the hearing of the main appeal, where the fate of the affected political parties will be further considered.
The original suit was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral benchmarks required under Section 225A of the 1999 Constitution, the Electoral Act 2022, and INEC regulations.
The group claimed that the parties performed poorly during the 2023 general elections and subsequent by-elections, failing to secure the required percentage of votes or win elective positions across different levels of government.
The plaintiffs argued that allowing such parties to remain registered weakened the credibility of Nigeria’s electoral system.
With the latest ruling, the affected parties remain recognized for now, while INEC awaits the final decision of the appellate court.
Political observers believe the outcome of the case could have major consequences for Nigeria’s multi-party democracy and preparations ahead of the 2027 elections, as it raises important questions about electoral regulation, political participation, and the balance between judicial authority and democratic inclusion.
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