Deregistration of ADC, four others: Appeal Court defers hearing till July 14
Court of Appeal Delays Hearing on Political Party Deregistration Case
By Ikechukwu Nnochiri, Abuja
The Court of Appeal in Abuja postponed the hearings on appeals concerning the Independent National Electoral Commission’s (INEC) decision to deregister the African Democratic Congress (ADC) and four other political parties. The hearing is now scheduled for July 14.
The delay was attributed to the failure of some parties to file and exchange necessary legal documents within the stipulated timeframe. Respondents indicated to the court that they had received processes just before the proceedings commenced and requested additional time to prepare their responses.
Justice Abba Mohammed, leading a three-member panel, granted the adjournment to allow all involved parties to regularize their filings. The panel had previously approved the hearing of appeals on June 25 following preliminary proceedings that clarified the status of filed documents.
Alongside the ADC, the parties appealing the Federal High Court’s judgment include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP).
On June 16, the appellate court issued a stay of execution on the High Court’s ruling and criticized Justice Peter Lifu for ignoring a previous order to halt proceedings in the case pending the outcome of the appeals.
The court described Justice Lifu’s actions as “a form of judicial impertinence” and noted that the Supreme Court has ruled that such behavior renders a judge unfit for the bench.
The Federal High Court had mandated INEC to deregister the five political parties, asserting that they failed to meet the constitutional criteria necessary for their continued existence. It also prohibited INEC from recognizing these parties, accepting nominations, or allowing their participation in the upcoming 2027 general elections.
This decision stemmed from a suit filed by the National Forum of Former Legislators (NFFL), which questioned whether INEC had a constitutional obligation to deregister parties that do not meet electoral performance standards, as outlined in Section 225A of the 1999 Constitution and the Electoral Act 2022.
The plaintiffs argued that the parties had continually failed to meet the requirements, including securing at least 25 percent of the votes in a state during presidential elections or winning any elective position across various governmental tiers.
Notably, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is also a defendant in this case, supported the plaintiffs. He argued that the continued recognition of these parties violated constitutional provisions and undermined Nigeria’s electoral integrity.
All defendants, including INEC, have expressed their dissatisfaction with the High Court’s ruling and are seeking to have it overturned by the appellate court.