The Court of Appeal in Abuja on Tuesday reserved judgment in the legal battle over the deregistration of the African Democratic Congress (ADC) and four other political parties, a case that could determine whether the affected parties will remain eligible to participate in the 2027 general elections.
A three-member panel led by Justice Abba Bello Mohammed fixed judgment for a date to be communicated after counsel representing the parties adopted their written briefs.
The appeal was filed by the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party, Zenith Labour Party (ZLP) and the Independent National Electoral Commission (INEC), all seeking to overturn the judgment of the Federal High Court that ordered their deregistration.
At the hearing, counsel to the Accord Party, Musibau Adetunbi (SAN), urged the appellate court to set aside the judgment delivered by Justice Peter Lifu, describing the decision as fundamentally flawed and unsupported by law. He argued that the trial judge reached conclusions that were inconsistent with established legal principles and appealed to the court to allow the appeal in the interest of justice.
The controversy stems from Justice Lifu’s judgment in Suit No. FHC/ABJ/CS/2637/2026, in which he ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for continued registration.
The trial court further directed INEC not to recognise the parties, accept candidates nominated by them or permit them to participate in the 2027 general elections. It also restrained the parties from presenting themselves as registered political parties in Nigeria.
The judgment followed a suit instituted by the National Forum of Former Legislators, which argued that Section 225A of the 1999 Constitution (as amended), the Electoral Act and INEC’s regulations impose a mandatory obligation on the electoral commission to deregister political parties that fail to meet constitutional electoral performance thresholds.
According to the plaintiffs, the affected parties failed to secure at least 25 per cent of the votes in any state during the 2023 presidential election and also failed to win any elective office at the federal, state or local government levels in the general election and subsequent by-elections. They maintained that allowing the parties to remain on INEC’s register amounted to a violation of the Constitution.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the suit, insisting that INEC had a constitutional responsibility to remove the parties from its register. He argued that retaining them despite their poor electoral performance undermined Nigeria’s constitutional and electoral framework.
However, dissatisfied with the Federal High Court’s ruling, both INEC and the affected political parties approached the Court of Appeal, seeking to nullify the judgment.
In an earlier ruling delivered on June 16, the Court of Appeal stayed the execution of Justice Lifu’s judgment pending the determination of the appeals. The appellate court also criticised the trial judge for proceeding with the case despite an earlier order directing him to suspend proceedings while an interlocutory appeal was pending.
The appellate court described the judge’s conduct as “a form of judicial impertinence,” noting that the Supreme Court had previously characterised such actions as “judicial rascality” unbecoming of a judicial officer.
After hearing final arguments from all parties on Tuesday, the panel, comprising Justices Abba Bello Mohammed, Donatus Okorowo and Oyebisi Oyewumi, reserved judgment, stating that all parties would be informed of the date for its delivery.
The impending judgment is expected to have far-reaching consequences for Nigeria’s political landscape, as it will determine not only the fate of the five political parties but also clarify the extent of INEC’s constitutional powers to deregister political parties ahead of the 2027 elections.