DEMOCRACY ON Trial: Court of Appeal Reserves Judgment in High-Stakes Battle Over Deregistration of ADC, Accord, APP, and Two Other Parties

ABUJA, NIGERIA — The political survival of five Nigerian political parties hangs in a delicate balance after the Court of Appeal sitting in Abuja reserved its judgment on the controversial legal battle surrounding their deregistration.

A three-member panel of the appellate court, led by Justice Abba Mohammed, reserved its decision on Tuesday after all legal representatives adopted their respective briefs of argument. The ruling will determine whether the Independent National Electoral Commission (INEC) must carry out a Federal High Court order to strike the affected parties off Nigeria’s political register ahead of the 2027 general elections.

The Parties in the Eye of the Storm

The legal battle involves some of Nigeria’s active minor political parties, who are fighting to overturn their compulsory dissolution. The five affected parties challenging the deregistration are:

• African Democratic Congress (ADC)
• Action Peoples Party (APP)
• Action Alliance (AA)
• Accord Party (AP)
• Zenith Labour Party (ZLP)

Appellate Court Slams Trial Judge for “Judicial Impertinence”

The case has already sparked considerable controversy within Nigeria’s judicial hierarchy. On June 16, the Court of Appeal granted a stay of execution on the deregistration order, while taking the unusual step of openly criticizing the trial judge, Justice Peter Lifu, for what it termed a blatant disregard for judicial protocol.

According to the appellate panel, Justice Lifu was formally notified of a May 22 order directing him to stay proceedings pending the determination of the appeal. Despite this, he proceeded to deliver the judgment ordering the parties’ deregistration.

The Court of Appeal described his conduct as:

“…a form of judicial impertinence,” pointing to prior Supreme Court precedents that characterize such behavior as “judicial rascality” which is entirely unbecoming of a judicial officer.

The Original Suit: Why the Parties Were Ordered Axed

The legal battle originated from a suit filed by the National Forum of Former Legislators (NFFL) under Suit No. FHC/ABJ/CS/2637/2026.

The NFFL successfully argued before the Federal High Court that INEC has a binding constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and internal INEC Regulations to deregister non-performing political parties.

The core of the legal argument rests on strict performance thresholds:

• The Benchmark: Under Nigerian law, to retain registration, a political party must win at least 25 percent of the votes in at least one state during a presidential election, or secure at least one elective seat at the local government, state, or federal level.
• The Failure: The NFFL maintained that the ADC, APP, AA, AP, and ZLP failed to meet any of these minimum thresholds during the 2023 general elections and subsequent by-elections.
• The Judgment: Convinced by the NFFL’s arguments, Justice Lifu ruled that the suit had merit. He ordered INEC to deregister the five parties and restrained the electoral body from recognizing them, accepting candidate nominations from them, or allowing them to participate in the 2027 general elections. He also ordered the parties to immediately cease presenting themselves as registered political entities.

The Federal Government vs. The Opposition and INEC

The legal battle has created strange political bedfellows. The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, backed the deregistration. In his court filings, the AGF argued that allowing non-performing parties to remain registered actively undermines the integrity of Nigeria’s electoral system and violates constitutional provisions.

However, in a surprising turn of events, INEC itself joined the five political parties in appealing the judgment, urging the Court of Appeal to set aside Justice Lifu’s decision.

With all arguments officially adopted, the political future of these five parties rests entirely with the Court of Appeal. Justice Abba Mohammed stated that a definitive date for the judgment will be formally communicated to all involved parties in due course.

247ureports.com will continue to monitor the appellate court closely as Nigeria’s political landscape braces for the final verdict.

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