The Court of Appeal in Abuja on Tuesday reserved judgment in the appeals filed by the African Democratic Congress (ADC) and four other political parties challenging a Federal High Court ruling that ordered their deregistration.
A three-member panel led by Justice Abba Bello Mohammed announced that the date for judgment would be communicated to the parties after counsel in the matter adopted their briefs and concluded arguments.
The appeals were filed by the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), all of which are seeking to overturn the lower court’s decision.
During the proceedings, counsel for the Accord Party, Musibau Adetunbi (SAN), urged the appellate court to set aside the judgment, arguing that the trial court made findings that were not supported by law.
He contended that the decision of the Federal High Court was fundamentally defective and should be declared a nullity.
The dispute stems from a judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja, who ordered the Independent National Electoral Commission (INEC) to deregister the five political parties for allegedly failing to meet constitutional requirements for continued registration.
Justice Lifu also barred INEC from recognising the affected parties, accepting candidates sponsored by them or allowing them to participate in the 2027 general elections.
In addition, the court restrained the parties from holding themselves out as registered political parties.
The suit was instituted by the National Forum of Former Legislators, which argued that the affected parties failed to satisfy the conditions outlined in Section 225A of the Constitution, the Electoral Act and relevant INEC regulations.
According to the plaintiffs, the parties neither secured the minimum electoral threshold required by law nor won elective positions at the federal, state or local government levels during the 2023 general elections and subsequent by-elections.
They maintained that INEC had a constitutional duty to deregister political parties that failed to meet the stipulated performance criteria.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the suit, arguing that retaining the parties on INEC’s register would amount to a breach of constitutional provisions.
Dissatisfied with the ruling, the affected parties and INEC approached the Court of Appeal seeking its reversal.
The appellate court had earlier suspended the enforcement of the Federal High Court judgment pending the determination of the appeals.
In its June 16 ruling granting the stay of execution, the Court of Appeal faulted Justice Lifu for proceeding with the matter despite an earlier order directing him to halt proceedings pending the resolution of an interlocutory appeal.
The appellate court described the action as inappropriate and contrary to established judicial principles.
At the conclusion of Tuesday’s proceedings, the panel, which also comprised Justices Donatus Okorowo and Oyebisi Oyewumi, reserved judgment and said parties would be notified when the verdict is ready.
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