A fresh legal battle over the future of Nigeria’s political landscape resumes today as the Court of Appeal in Abuja hears substantive appeals challenging a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
A three-member panel led by Justice Abba Mohammed is set to determine whether the earlier ruling, which directed the Independent National Electoral Commission (INEC) to remove the parties from the register of political parties, should be overturned.
The parties seeking to nullify the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court had previously granted a stay of execution of the High Court judgment, preventing INEC from enforcing the deregistration pending the outcome of the appeal. It also criticised the trial judge, Justice Peter Lifu, for delivering judgment despite an earlier order directing him to suspend proceedings while the appeal was pending.
The original judgment held that the five parties failed to meet constitutional requirements necessary to retain their registration. It barred INEC from recognising the affected parties, accepting their candidates for future elections, or allowing them to participate in activities leading to the 2027 general elections.
The case was initiated by the National Forum of Former Legislators (NFFL), which argued that the parties consistently failed to meet electoral performance benchmarks outlined in Section 225A of the 1999 Constitution, the Electoral Act 2022, and INEC regulations.
According to the plaintiffs, the affected parties neither secured the required percentage of votes in presidential elections nor won elective seats at the national, state, or local government levels, making their continued registration unconstitutional.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit, arguing that allowing underperforming political parties to remain registered undermines Nigeria’s constitutional and electoral framework.
However, the affected political parties and INEC have urged the Court of Appeal to overturn the judgment, insisting that the ruling should be set aside.
Meanwhile, another development emerged on Monday when the Federal High Court in Abuja ordered ADC National Welfare Secretary, Nkemakolam Ukandu, to pay ₦100 million in costs after striking out his suit against the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu.
Justice Salim Ibrahim dismissed the suit for lack of diligent prosecution after neither the plaintiff nor his lawyer appeared in court. The court ordered Ukandu to pay ₦50 million each to the two judges within 14 days.
Ukandu had sought an order compelling the National Judicial Council (NJC) to investigate allegations of bias, abuse of judicial powers, and corruption against the judges over matters relating to the leadership crisis within the ADC.
The Court of Appeal’s decision in the deregistration case is expected to have significant implications for Nigeria’s political system ahead of preparations for the 2027 general elections.
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Nigeria politics, Court of Appeal, African Democratic Congress
