Appeal Court to Resume Hearing on Party Deregistration Suit
The Court of Appeal in Abuja will continue today the hearing of a lawsuit seeking the deregistration of the African Democratic Congress (ADC) and four other political parties.
A three‑member panel led by Justice Abba Mohammed will preside over the case, which stems from a High Court judgment that ordered the Independent National Electoral Commission (INEC) to remove the parties from the register.
Before the full hearing, the Appeal Court completed preliminary proceedings on June 25, allowing the parties to regularise their documents and set the matter for substantive consideration.
The parties involved, aside from the ADC, are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
On June 16, the Appeal Court suspended enforcement of the High Court ruling while the appeals are pending, and criticised Justice Peter Lifu of the Federal High Court for proceeding with the case despite an earlier directive to halt proceedings until the appeal was decided.
The appellate judges noted that Justice Lifu had been informed of the May 22 order to stop further action, yet he delivered judgment anyway, a move the Appeal Court said violated judicial procedure and contradicted Supreme Court precedents.
Justice Lifu’s judgment had directed INEC to deregister the five parties for failing to meet the constitutional conditions required to remain registered and contest future elections. It also barred INEC from recognising the parties, accepting their candidates or allowing them to participate in activities leading up to the 2027 general elections.
The court further instructed the parties to cease presenting themselves as registered political entities in Nigeria, agreeing with the arguments submitted by the National Forum of Former Legislators (NFFL).
In the suit, marked FHC/ABJ/CS/2637/2026, the NFFL asked the court to determine whether INEC has a constitutional duty to deregister parties that do not satisfy the performance requirements stipulated in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC’s own regulations.
The former lawmakers contended that a political party must either win at least 25 percent of the votes in a state during a presidential election or secure at least one elective office at the national, state or local government level to remain eligible.
They argued that, based on the 2023 general elections and subsequent INEC‑conducted by‑elections, the affected parties fell short of these thresholds, and allowing them to stay on the register undermines the electoral process.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who is also named as a defendant, supported the plaintiffs’ position, asserting that retaining parties that fail to meet constitutional requirements is unlawful and would amount to INEC neglecting its duty.
INEC and the five political parties, however, have rejected the High Court judgment and are asking the Appeal Court to overturn the decision and restore their legal status.
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