Appeal Court Set To Hear Case Seeking Deregistration Of ADC, Four Other Parties Today

According to reports, the hearing follows appeals filed against a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to remove the affected parties from its register of recognised political parties.

The matter will be handled by a three-member panel led by Justice Abba Mohammed. The appellate court had earlier concluded preliminary procedures on June 25, allowing all parties involved to regularise their documents before scheduling the substantive hearing.

Apart from the ADC, the other political parties challenging the judgment include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The legal battle intensified after the Court of Appeal suspended the enforcement of the Federal High Court ruling on June 16, pending the determination of the appeals.

The appellate court had also criticised the trial judge, Justice Peter Lifu, for delivering judgment despite being aware of an earlier directive ordering him to halt further proceedings until the appeal was resolved.

According to the Court of Appeal, the trial judge received notice of the May 22 order but proceeded with the case, a move the panel described as inconsistent with established judicial practice.

Justice Lifu had earlier ordered INEC to deregister the five political parties after ruling that they failed to meet the constitutional requirements needed to maintain their registration and participate in future elections.

The judgment also barred INEC from recognising the parties, accepting candidates presented by them, or allowing them to participate in activities connected to the 2027 general elections.

The ruling followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that INEC had a constitutional responsibility to remove political parties that failed to meet the requirements outlined in Section 225A of the 1999 Constitution, as amended, alongside provisions of the Electoral Act 2022 and INEC regulations.

The former lawmakers alleged that the affected parties failed to achieve the required electoral benchmarks during the 2023 general elections and subsequent by-elections conducted by INEC.

They argued that political parties must secure at least 25 per cent of votes in a state during a presidential election or win at least one elective position at the federal, state, or local government level to remain registered.

The plaintiffs maintained that allowing parties that failed to meet these conditions to remain on the register could undermine Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who is listed as a defendant in the matter, supported the argument of the plaintiffs, insisting that retaining parties that no longer satisfy constitutional requirements violates the law.

However, INEC and the affected political parties have opposed the Federal High Court decision, urging the Court of Appeal to overturn the judgment and restore their status as registered political parties.

The outcome of the appeal is expected to determine the future of the ADC, APP, AA, Accord Party, and ZLP ahead of Nigeria’s 2027 general elections.