The Court of Appeal sitting in Abuja on Tuesday reserved judgment in the appeals challenging a Federal High Court decision ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel led by Justice Abba Mohammed announced that the case was ready for judgment after lawyers representing all the parties adopted their briefs of argument.
The other political parties affected by the lower court’s decision are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The appellate court said the date for judgment would be communicated to the parties.
The Court of Appeal had, on June 16, stayed the execution of the Federal High Court judgment pending the determination of the appeals.
The panel also criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier order directing him to suspend proceedings.
The appellate court had, on May 22, ordered Justice Lifu to halt further action in the matter pending the outcome of an interlocutory appeal filed by the parties.
It said the trial judge’s attention was drawn to the order, but he nevertheless proceeded to deliver judgment.
The panel described the conduct as “a form of judicial impertinence.”
It further referred to a previous Supreme Court decision that described such disregard for a superior court’s directive as “judicial rascality” and conduct capable of rendering a judge “unfit for the bench.”
Justice Lifu had directed INEC to deregister the five political parties after finding that they failed to satisfy the constitutional conditions required to retain their registration.
The court also restrained the electoral commission from continuing to recognise the parties or accepting their candidates for future elections, including the 2027 general election.
It further ordered officials of the affected organisations to stop presenting themselves as representatives of registered political parties.
The decision followed a suit filed by the National Forum of Former Legislators.
Former lawmakers cite poor electoral performance
In the suit marked FHC/ABJ/CS/2637/2026, the forum asked the court to determine whether INEC was constitutionally required to deregister parties that failed to meet the performance thresholds prescribed by law.
The plaintiffs relied on Section 225A of the 1999 Constitution, as amended, alongside provisions of the Electoral Act 2022 and INEC regulations.
They argued that a political party must win at least 25 per cent of the votes cast in a state during a presidential election or secure at least one elective seat at the national, state or local government level to justify its continued registration.
According to the former legislators, the five parties failed to meet those benchmarks during the 2023 general elections and subsequent by-elections.
They contended that allowing the parties to retain their registration despite their electoral performance would undermine the integrity of Nigeria’s electoral system.
