Nigeria’s Court of Appeal has suspended the enforcement of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC).
In a unanimous ruling delivered in Abuja on Tuesday, a three-member panel of the appellate court granted a stay of execution, preventing the immediate implementation of the lower court’s decision while the case is being considered on appeal.
The Appeal Court also strongly criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier directive from the appellate court instructing him to halt proceedings.
Justice A.B. Mohammed, who led the panel, described the action as a serious violation of judicial hierarchy and constitutional principles. The court said the judge’s decision to continue with the case despite a pending appeal undermined the authority of higher courts.
“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 made.
“The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court ruled.
The original judgment had directed the Independent National Electoral Commission (INEC) to deregister the ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Justice Lifu had ruled that the parties failed to meet constitutional requirements necessary to remain registered political parties. He also ordered INEC to stop recognising the parties and barred them from participating in activities related to the 2027 general elections.
The case was brought by the National Forum of Former Legislators (NFFL), which argued that the parties had consistently failed to achieve the electoral performance standards required under Section 225A of Nigeria’s Constitution and the Electoral Act 2022.
According to the group, the affected parties did not secure the minimum level of electoral support required to maintain their registration, including winning at least 25% of votes in a state during a presidential election or securing elected positions at the national, state, or local government levels.
The former legislators argued that the continued recognition of the parties weakened the integrity of Nigeria’s electoral system.
With the Appeal Court’s latest ruling, the five parties will retain their status pending the final determination of the appeal.
