ADC’s Political Future Hangs in Balance as Appeal Court Delays Ruling on Deregistration Case

The Court of Appeal sitting in Abuja has reserved judgment on appeals filed by the African Democratic Congress (ADC) and four other political parties challenging a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister them.

The appellate court panel, led by Justice Abba Mohammed, announced that the matter was ready for judgment on Tuesday after all parties adopted their respective briefs of argument.

Apart from the ADC, the other political parties challenging the judgment are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).

The parties are seeking to overturn the earlier ruling of the Federal High Court in Abuja, which directed INEC to remove them from the register of recognised political parties over alleged failure to meet constitutional requirements for continued registration.

The Court of Appeal had earlier, on June 16, granted a stay of execution of the Federal High Court judgment pending the determination of the appeals.

In granting the stay, the appellate court criticised the trial judge, Justice Peter Lifu, for delivering judgment despite an earlier order directing that proceedings in the matter be suspended pending the outcome of an appeal.

The appellate court described the action as a breach of judicial hierarchy, stating that the trial judge ought to have respected the order of the higher court.

The Federal High Court had ruled in favour of the National Forum of Former Legislators (NFFL), which filed the suit seeking an order compelling INEC to deregister political parties that failed to meet constitutional performance requirements.

Justice Lifu had held that the five parties did not satisfy the conditions required to remain registered political parties under the law.

The court consequently barred INEC from recognising the parties, accepting nominations from them or allowing them to participate in activities connected with the 2027 general elections.

The NFFL had argued that Section 225A of the 1999 Constitution, as amended, alongside provisions of the Electoral Act 2022 and INEC regulations, empowered the electoral body to remove parties that failed to meet required electoral benchmarks.

The group maintained that political parties must either secure at least 25 per cent of votes in a state during a presidential election or win at least one elective position at the national, state or local government level to justify continued registration.

The plaintiffs argued that the affected parties failed to achieve the required electoral performance during the 2023 general elections and subsequent by-elections conducted by INEC.

They told the court that allowing parties that failed to meet constitutional requirements to remain registered could weaken the country’s electoral system.

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who was also listed as a defendant in the matter, supported the plaintiffs position, arguing that INEC had a constitutional duty to deregister parties that no longer met the requirements for registration.

However, INEC and the affected political parties rejected the Federal High Court judgment and approached the Court of Appeal seeking to have the decision overturned.

With arguments now concluded, the appellate court said the date for delivering judgment would be communicated to all parties.

The outcome of the appeal is expected to have significant implications for the affected parties ahead of the 2027 general elections, particularly the ADC, which is currently positioning itself as a major opposition platform.