Appeal/C adjourns hearing in suit against deregistration of ADC, 4 others to July 7

By Vivian Okejeme

The Abuja division of Court of Appeal, Thursday, adjourned hearing in an appeal challenging the deregistration of the African Democratic Congress, ADC, Accord Party and three other political parties to July 7.

The new date was to enable the parties in the suit file and exchange their processes of arguments in the matter.

At Thursday’s proceedings, Musibau Adetunbi SAN who stood for the Accord party informed the 3- member panel of Justices of the Court that the record of appeal and final judgment of the Federal High Court were just obtained on Monday and transmitted to the Court of Appeal as required by law.

Adetunbi, therefore, applied for a short adjournment to enable him and others in the matter to regularize their briefs of argument.

The application for adjournment was not opposed by all over parties promoting the Presiding Justice Abubakar Mohammed to shift the hearing till July 7 by 2 pm in the afternoon.

Although, Adetunbi SAN applied for three days to file and exchange briefs of argument, the Presiding Justice Mohammed said that some of the Justices would be out of Abuja next week for special session else where and announced July 7 as the hearing date.

Justice Peter Odo Lifu of the Federal High Court had in a judgment ordered the Independent National Electoral Commission INEC to deregister the ADC and four other political parties on the ground that they did not fulfill Constitutional requirements in the previous election.

Although, INEC opposed the move on the ground that the parties met required Constitutional requirements and even provided evidence, the Judge nonetheless deregistered the five parties.

However, the Court of Appeal on June 16 ordered suspension of execution of the judgment by INEC on the ground that it was delivered in flagrant disobedience to its order that proceedings in the matter should be put on hold.

It will be recalled that the Court of Appeal on June 16 ordered the stay of execution of the judgment of the Federal High Court in Abuja which deregistered the African Democratic Congress, ADC, and four other political parties.

The controversial judgment which directed the Independent National Electoral Commission, INEC, to deregister the African Democratic Congress, ADC, and four other political parties was ordered not to be executed

In a unanimous decision, a three-member panel of the appellate court led by Justice Abubakar Mohammed, accused Justice Peter Lifu of the Federal High Court in Abuja of flouting an order it made on May 22, which directed him to suspend proceedings before him.

The appellate court had held that Justice Lifu’s action amounted to an affront and judicial rascality on the hierarchy of courts.

It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”

“Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.

“This court has the duty to invoke its powers in ensuring that its orders are made.

“The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court held.

The Court of Appeal then fixed June 25, for the definite hearing of the substantive appeal.

Recall, the lower court directed INEC to deregister ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

According to the court, the five political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.

It barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.

Moreover, Justice Lifu had ordered the defendants to stop parading themselves as registered political parties in the country.

He had held that there was merit in a suit filed against them by the National Forum of Former Legislators, NFFL.

The group, had in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

It was the position of the plaintiff that the five political parties listed as defendants had persistently failed to meet the constitutional benchmarks required to retain their registration.

The former legislators stressed that the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and by-elections conducted by INEC, thereby failing to win seats across key tiers of government.

The litigants insisted that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.

INEC had in response, vehemently opposed the action of the former legislators claiming that the five parties cannot be deregistered because they had won various seats in the states and National Assembly in the previous elections.