The Independent National Electoral Commission has asked the Court of Appeal in Abuja to halt the implementation of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress and four other political parties.
The electoral commission also expressed support for the notice of appeal filed by the affected parties, arguing that the judgment should not be enforced pending the determination of the appeal.
During proceedings before a three-member panel of the Court of Appeal on Tuesday, INEC, represented by lawyer Haliru Mohammed, said it was surprised that Justice Peter Lifu of the Federal High Court delivered the judgment despite an earlier order from the appellate court restraining him from doing so.
According to INEC, the commission was neither informed of the judgment date nor notified by the court before the ruling was delivered.
“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.
“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,” INEC’s counsel told the court.
Counsel for the ADC, Shuaibu Aruwa (SAN), also informed the appellate court that Justice Lifu communicated the date for delivering the judgment to the party through WhatsApp.
The senior lawyer described the judgment as a challenge to the authority of the Court of Appeal and urged the appellate court to take decisive action.
According to him, the trial judge proceeded with the ruling despite being aware of the appellate court’s stay order, an action he said undermined judicial hierarchy and could create uncertainty within the legal system.
He urged the court to suspend the judgment immediately and take steps to protect the integrity of the judiciary.
Lawyers representing the affected political parties further argued that allowing the judgment to stand could create confusion ahead of by-elections scheduled by INEC in six states on June 20. They maintained that the Court of Appeal has supervisory powers to ensure its orders are respected by lower courts.
The appellate court was still receiving submissions from parties in the matter at the time of reporting.
The controversy stems from a judgment delivered by Justice Peter Lifu, which directed INEC to deregister five political parties: the ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.
The court ruled that the parties failed to satisfy constitutional requirements necessary for their continued registration and participation in future elections.
Justice Lifu further ordered INEC to stop recognising the parties, reject candidate nominations submitted by them, and prevent them from participating in the 2027 general elections. The parties were also directed to stop presenting themselves as registered political parties.
The judgment followed a suit filed by the National Forum of Former Legislators, which argued that the affected parties consistently failed to meet the performance standards outlined in Section 225A of the 1999 Constitution, the Electoral Act 2022, and INEC regulations.
According to the former lawmakers, the parties did not achieve the required electoral thresholds, including securing at least 25 percent of votes in a state during a presidential election or winning elective positions at the national, state, or local government levels.
The NFFL maintained that the parties recorded poor performances during the 2023 general elections and subsequent by-elections and therefore no longer met the constitutional conditions for continued registration.
