The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to suspend the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral commission also backed a notice of appeal filed by the affected parties, arguing that the judgment should not take effect pending the determination of appeals challenging the ruling.
Addressing a three-member panel of the appellate court on Tuesday, counsel to INEC, Haliru Mohammed, said the commission was taken aback by the decision of Justice Peter Lifu of the Federal High Court to deliver the judgment despite an earlier Court of Appeal order halting its delivery.
“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court, which was initially reserved for delivery on June 5,” Mohammed told the court.
“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media.
“We therefore do not oppose the application of the appellant to stay the execution of the judgment.”
Lawyers representing the affected political parties also informed the court that INEC is scheduled to conduct by-elections across six states on June 20. They argued that allowing the judgment to stand could trigger legal and electoral complications, particularly for candidates and party structures already participating in the electoral process.
The parties urged the appellate court to exercise its supervisory powers and prevent what they described as a breakdown in the judicial hierarchy.
The Court of Appeal continued hearing submissions from all parties and is expected to rule on the applications seeking a stay of execution.
Suspension Order
The dispute arose from a judgment delivered by Justice Lifu, which ordered INEC to deregister five political parties: the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
In the ruling, the court held that the parties failed to satisfy constitutional requirements necessary to justify their continued existence as registered political parties. The court consequently barred INEC from recognizing the parties, accepting candidate nominations from them, or allowing them to participate in the 2027 general elections.
Justice Lifu further directed the parties to cease presenting themselves as registered political parties in Nigeria.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), which asked the court to determine whether INEC had a constitutional obligation under Section 225A of the 1999 Constitution, as amended, alongside provisions of the Electoral Act 2022 and INEC regulations, to deregister parties that fail to meet prescribed electoral performance thresholds.
The NFFL argued that the affected parties had consistently failed to satisfy constitutional benchmarks, including securing at least 25% of votes in a state during a presidential election or winning elective offices at the federal, state, or local government levels.
According to the plaintiffs, the parties recorded poor performances in the 2023 general elections and subsequent by-elections, failing to secure seats across key tiers of government.
They maintained that the continued recognition of the parties undermines the integrity and efficiency of Nigeria’s electoral system.
