Appeal over ADC deregistration set for july 7
The Court of Appeal, Abuja Division, has fixed July 7 for the substantive hearing of appeals seeking to overturn a judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel of the appellate court, led by Justice Abba Mohammed, scheduled the hearing after housekeeping proceedings during which the parties identified and regularised all the processes filed in the appeals.
Besides the ADC, the appellants include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate panel held that all the appeals would be heard together on the scheduled date.
Earlier, on June 16, the Court of Appeal ordered a stay of execution of the judgment delivered by the Federal High Court. It also faulted the conduct of the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier directive to halt proceedings.
The appellate court noted that it had, on May 22, ordered Justice Lifu to stay further proceedings pending the determination of an appeal. According to the panel, despite being informed of the order, the trial judge proceeded to deliver judgment.
Describing the action as “a form of judicial impertinence”, the court stated that the Supreme Court of Nigeria had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
Justice Lifu had ordered INEC to deregister the five political parties after finding merit in a suit filed by the National Forum of Former Legislators (NFFL).
The Federal High Court also restrained INEC from recognising the affected parties, accepting nominations of their candidates, or permitting them to participate in the 2027 general elections. The court further ordered the parties to cease presenting themselves as registered political parties.
In its suit, the NFFL asked the court to determine whether INEC has a constitutional obligation to deregister political parties that fail to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC regulations.
The plaintiffs argued that the five parties consistently failed to satisfy the constitutional requirements for retaining their registration, including securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the federal, state or local government level.
According to the NFFL, the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to win seats across the various tiers of government.
Dissatisfied with the judgment, the five political parties and INEC have appealed, urging the Court of Appeal to set aside the Federal High Court’s decision.