The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress and four other political parties by the Independent National Electoral Commission.
In a unanimous ruling delivered by a three-member panel led by Justice A. B. Mohammed, the appellate court strongly criticised Justice Peter Lifu of the Federal High Court for proceeding with the judgment despite an earlier order directing him to halt further action in the case.
The Court of Appeal described the lower court’s conduct as a violation of judicial hierarchy and constitutional principles, stressing that lower courts are bound by orders issued by superior courts.
According to the appellate court, Justice Lifu’s decision to continue with the matter despite the May 22 order amounted to a direct challenge to the authority of the Court of Appeal.
The panel stated that the action represented “the highest form of judicial impertinence” and noted that the Supreme Court had previously condemned similar conduct, describing it as judicial misconduct incompatible with the responsibilities of a judge.
“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.
“This court has the duty to invoke its powers in ensuring that its orders are obeyed.
“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court ruled.
The decision means that the affected political parties will retain their legal status pending the determination of the substantive appeal.
The parties involved include the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
Justice Lifu had earlier ruled that the five parties failed to satisfy constitutional requirements necessary for their continued registration and participation in future elections. He consequently ordered INEC to withdraw recognition from the parties, reject candidate nominations submitted by them and prevent them from participating in the 2027 general elections.
The trial court also directed the parties to stop presenting themselves as registered political organisations in Nigeria.
The judgment followed a lawsuit filed by the National Forum of Former Legislators, which argued that the parties consistently failed to meet electoral performance standards outlined in Section 225A of the 1999 Constitution, the Electoral Act 2022 and INEC regulations.
According to the former lawmakers, political parties are expected to secure at least 25 per cent of votes in a state during a presidential election or win elective positions at the national, state or local government levels to justify continued registration.
The NFFL maintained that the ADC and the four other parties performed poorly during the 2023 general elections and subsequent by-elections, failing to secure the constitutional benchmarks required to remain registered political parties.
However, with the Court of Appeal granting a stay of execution, the deregistration order cannot be enforced until the appeal process is concluded.
