The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC). The appellate court granted a stay of execution of the ruling delivered by Justice Peter Odo Lifu, which had directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
In a strongly worded decision, the Appeal Court faulted the conduct of the Federal High Court, describing it as “the highest form of judicial impertinence” and a violation of the hierarchy of courts. The appellate panel held that Justice Lifu proceeded with the case despite an earlier order from the Court of Appeal and while the matter was still pending before it, describing the action as judicial rascality and an affront to Nigeria’s constitutional framework.
The justices stressed that lower courts are bound by the directives and decisions of higher courts and must not act contrary to them. According to the ruling, the trial court’s decision to proceed with judgment despite an express order from the appellate court represented a brazen violation of judicial authority and constitutional provisions. The court consequently ordered that enforcement of the judgment be stayed pending the determination of further proceedings, effectively restoring the affected parties’ legal status and preserving their eligibility for future elections.
Justice Lifu had earlier ordered INEC to stop recognising the ADC and the four other parties, following a suit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL). The plaintiffs argued that the parties failed to meet constitutional requirements for continued registration, including electoral performance thresholds such as winning elective offices or securing the minimum percentage of votes required by law. The court also barred the parties from presenting themselves as registered political parties and directed INEC not to accept nominations from them or allow them to participate in the 2027 general elections.
Reacting to the Appeal Court’s decision, ADC presidential candidate Atiku Abubakar welcomed the ruling, describing it as a victory for democracy and constitutional order. He noted that it was particularly significant that INEC itself sought the stay of execution and warned against what he called increasing judicial contradictions and politically charged rulings. According to him, any attempt to weaken Nigeria’s democratic process through judicial manipulation poses a serious threat to the nation and further erodes public confidence in the judiciary.
Former Senate President and ADC National Chairman David Mark also expressed concern over the controversy, saying the situation had placed the judiciary itself on trial. Speaking at the ADC Strategic Communications Retreat in Abuja, Mark questioned Justice Lifu’s handling of matters involving the party, alleging that the judge ignored an Appeal Court directive to stay proceedings and issued conflicting decisions regarding the party’s status within a short period. He argued that the outcome of the case would test both the credibility of the judiciary and the ability of the National Judicial Council to address concerns raised by the proceedings.
Elijah Adeyemi
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