ABUJA/LAGOS — The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC), pending the determination of an appeal.
In a unanimous ruling delivered by a three-member panel led by Justice A.B. Mohammed, the appellate court criticized the Federal High Court for proceeding with its judgment despite an earlier order directing it to halt action in the matter. The court described the move as a clear violation of judicial hierarchy and constitutional principles.
The affected parties are the ADC, Action Alliance (AA), Action Peoples Party (APP), Accord Party, and Zenith Labour Party (ZLP). Their deregistration had been sought by the National Forum of Former Legislators (NFFL), which argued that the parties failed to meet electoral performance requirements stipulated under Section 225A of the Constitution and relevant provisions of the Electoral Act 2022.
The Federal High Court, presided over by Justice Peter Lifu, had granted the request in suit number FHC/ABJ/CS/2637/2026, prompting widespread criticism from opposition groups and civil society organizations who warned that the decision could narrow Nigeria’s democratic space ahead of the 2027 general elections.
Granting a stay of execution, the Court of Appeal held that Justice Lifu acted in defiance of its May 22 order directing that proceedings be suspended. The appellate court described the action as a “brazen violation” of the constitutional hierarchy of courts and emphasized its duty to protect the integrity of the judicial system.
The Independent National Electoral Commission (INEC) supported the application for a stay of execution. Through its legal team, the commission told the court it was unaware that judgment would be delivered and only learned about it through media reports. INEC maintained that it had not received any formal notification from the lower court regarding the judgment date.
Counsel to the ADC, Shuaibu Aruwa (SAN), argued that the trial court’s action amounted to an invitation to anarchy and urged the appellate court to take steps to preserve public confidence in the judiciary. Lawyers representing the affected parties also warned that enforcement of the judgment could disrupt planned by-elections scheduled by INEC in several states.
In a related development, Justice Lifu declined requests to recuse himself from a separate suit challenging the leadership of the ADC under former Senate President David Mark and former Osun State Governor Rauf Aregbesola. The judge dismissed allegations of bias, imposed costs of N500,000 each against Mark and Aregbesola, and fixed June 23 for accelerated hearing of the case.
The leadership dispute was initiated by Nafiu Bala Gombe, a former National Deputy Chairman of the ADC, who is contesting the legality of the party’s current caretaker committee. He is seeking to invalidate actions taken by the Mark-led leadership and restrain its officers from acting on behalf of the party.
Meanwhile, the deregistration judgment has continued to generate strong reactions across the political spectrum. Opposition figures, including Accord Party chieftain Gbenga Olawepo-Hashim, former APC spokesman Timi Frank, and SDP presidential hopeful Adewole Adebayo, described the ruling as a threat to multiparty democracy and political competition.
However, Ondo State Attorney-General Kayode Ajulo (SAN) defended the judgment, arguing that it was based on constitutional provisions empowering INEC to deregister political parties that fail to meet prescribed electoral thresholds. According to him, the court merely interpreted and applied existing laws without political considerations.
