By Adegbaju Temitope
The Court of Appeal sitting in Abuja has ordered a stay of execution of the judgment of the Federal High Court which directed the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
In a ruling delivered on Tuesday, a three-member panel of the appellate court faulted the decision of the Federal High Court to proceed with the matter despite the existence of a pending appeal and an earlier order issued by the Court of Appeal.
The appellate court expressed strong displeasure over the conduct of the trial judge, Justice Peter Lifu, describing his decision to continue hearing the case and subsequently deliver judgment as inappropriate in the circumstances.
According to the court, Justice Lifu ought to have refrained from proceeding with the matter in view of the subsisting order of the appellate court and the fact that issues arising from the case were already before it for determination.
The panel consequently granted a stay of execution of the judgment, effectively suspending the deregistration order pending the determination of the appeal.
The ruling came barely a day after Justice Lifu ordered the deregistration of five registered political parties, namely the African Democratic Congress (ADC), Action People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord Party (AP).
In his judgment delivered on Monday, the Federal High Court held that the affected parties had failed to satisfy the constitutional requirements necessary to retain their registration.
Justice Lifu relied on provisions of Section 225 of the 1999 Constitution (as amended), which empowers the Independent National Electoral Commission to deregister political parties that fail to meet stipulated constitutional and electoral thresholds.
The suit was instituted by the National Forum of Former Legislators, which argued that the affected parties had failed to secure the minimum electoral performance required under the law and should therefore be removed from the register of political parties.
The judgment immediately generated widespread reactions across the political landscape, particularly because of its potential implications for preparations ahead of the 2027 general elections.
The ADC, which has recently attracted several prominent opposition figures and political actors, was among the parties affected by the deregistration order.
However, with the Court of Appeal’s intervention, the five parties retain their legal status pending the final determination of the appeal.
The appellate court’s ruling is expected to provide temporary relief to the affected parties and their supporters, while legal proceedings continue over the constitutionality and propriety of the deregistration order.
