The Court of Appeal has temporarily halted the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties by the Independent National Electoral Commission (INEC).
The appellate court, in a unanimous decision delivered by a three-member panel headed by Justice A.B. Mohammed, granted a stay of execution of the judgment pending the determination of the appeal filed by the affected parties.
In the ruling, the court strongly criticised Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the case and delivering judgment despite an earlier directive from the Court of Appeal ordering a suspension of proceedings.
The panel described the action of the lower court as a serious breach of judicial hierarchy, noting that courts are bound to obey orders issued by superior courts.
Justice Mohammed stated that the trial court's decision to continue with the matter in the face of an existing appellate order amounted to a direct challenge to the authority of the Court of Appeal.
The court observed that previous decisions of the Supreme Court had condemned such conduct, describing it as judicial rascality and conduct unbecoming of a judicial officer.
According to the appellate court, the judiciary must safeguard its integrity by ensuring that orders of superior courts are respected and enforced.
It subsequently granted the application seeking a stay of execution and ordered that the judgment of the lower court should not be implemented until the appeal is heard and determined.
The development followed a judgment by Justice Lifu, who had directed INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The trial court had held that the parties failed to satisfy constitutional requirements necessary for their continued existence as registered political parties.
Justice Lifu also barred INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in activities connected with future elections, including the 2027 general elections.
The affected parties were further ordered to stop presenting themselves to the public as registered political organisations.
The suit that led to the judgment was instituted by the National Forum of Former Legislators (NFFL), which argued that INEC had a constitutional responsibility to remove political parties that failed to meet electoral performance thresholds prescribed by law.
The plaintiffs contended that the five parties failed to secure the minimum electoral benchmarks required under Section 225A of the Constitution, the Electoral Act 2022, and INEC regulations.
They argued that the parties neither secured the required percentage of votes in presidential elections nor won elective offices at the federal, state or local government levels during the 2023 general elections and subsequent by-elections.
According to the NFFL, allowing the parties to retain their registration despite their electoral performance undermines the integrity and effectiveness of Nigeria's democratic process.
However, with the latest ruling of the Court of Appeal, the deregistration order has been put on hold, allowing the affected parties to retain their legal status pending the outcome of the appeal proceedings.
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