The Court of Appeal in Abuja on Tuesday reserved judgment in separate appeals challenging the Federal High Court’s decision ordering the deregistration of the African Democratic Congress and four other political parties.
A three-member panel led by Justice Abba Bello Mohammed fixed judgment for a date to be communicated to the parties after counsel adopted their respective briefs of argument.
The appellants are the African Democratic Congress, the Action Peoples Party, the Action Alliance, the Accord Party and the Zenith Labour Party.
Counsel for the Accord Party, Musibau Adetunbi (SAN), urged the appellate court to allow the appeal and set aside the judgment of the Federal High Court, describing it as a nullity.
He argued that the trial judge, Justice Peter Lifu, erred in law by reaching findings and conclusions allegedly unsupported by law.
Adetunbi further faulted the judgment on several grounds and urged the court to nullify it in the interest of justice.
The appeals stem from the judgment delivered by Justice Lifu in suit marked **FHC/ABJ/CS/2637/2026**, in which he ordered the Independent National Electoral Commission to deregister the five political parties for allegedly failing to satisfy the constitutional requirements for retaining their registration.
The judge also restrained INEC from recognising the affected parties, accepting nominations from them or allowing them to participate in the 2027 general elections.
He further barred the parties from holding themselves out as registered political parties, having found merit in the suit instituted by the National Forum of Former Legislators.
The group, through its counsel, Rabo Mohammed, had argued that INEC was under a constitutional obligation, pursuant to Section 225A of the 1999 Constitution (as amended), the Electoral Act and the commission’s regulations, to deregister political parties that failed to meet the prescribed electoral performance thresholds.
According to the plaintiffs, the affected parties failed to secure at least 25 per cent of votes in a state during a presidential election or win any elective office at the federal, state or local government levels in the 2023 general elections and subsequent by-elections.
They maintained that the parties’ continued registration was unconstitutional.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was also joined in the suit, supported the plaintiffs’ case.
The AGF argued that allowing the parties to remain on INEC’s register violated the Constitution and undermined the integrity of Nigeria’s electoral system.
He further contended that INEC would continue to breach its constitutional obligations unless the court intervened.
Dissatisfied with the judgment, the affected political parties and INEC appealed, urging the Court of Appeal to set aside the decision.
The appellate court had, on June 16, stayed the execution of the Federal High Court judgment pending the determination of the appeals.
In the ruling, the court also criticised Justice Lifu for proceeding with the matter despite an earlier order made on May 22 directing him to stay proceedings pending the determination of an interlocutory appeal.
The appellate court described the judge’s action as “a form of judicial impertinence” and noted that the Supreme Court had previously held that such conduct amounted to “judicial rascality” and was unbecoming of a judicial officer.
After hearing submissions from counsel on Tuesday, the panel, comprising Justices Mohammed, Donatus Okorowo and Oyebisi Oyewumi, reserved judgment, saying the parties would be notified of the date fixed for its delivery.
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