INEC Seeks Suspension Of Court Order On Party Deregistration As ADC Challenges Ruling

The Independent National Electoral Commission (Independent National Electoral Commission) has asked the Court of Appeal in Abuja to suspend the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (African Democratic Congress) and four other political parties.

INEC also threw its weight behind an appeal filed by the affected parties, urging the appellate court to halt the execution of the ruling delivered by Justice Peter Lifu of the Federal High Court in Abuja.

During Tuesday’s proceedings before a three-member panel of the Court of Appeal, INEC’s legal team, led by Haliru Mohammed, argued that the commission was taken aback by the lower court’s decision, claiming it was delivered despite an earlier appellate order restraining the judgment from being issued.

Mohammed told the court that INEC was never formally notified of the judgment date and only learned of the decision through media reports.

“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court… We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” he said.

Counsel to the ADC, Shuaibu Aruwa (SAN), also told the appellate court that Justice Lifu had informed the party about the judgment via WhatsApp, an action he described as improper and a disregard for the authority of the appellate court.

“What the trial judge did was dare this Court of Appeal by insisting that no one could arrest his judgment… The action of the trial judge calls for swift and extraordinary measures from this court,” Aruwa argued, urging the court to consider disciplinary action and suspend the ruling.

Lawyers representing the affected political parties further warned that allowing the judgment to stand could create confusion ahead of upcoming by-elections scheduled across six states on June 20.

The controversy stems from a Federal High Court ruling that ordered the deregistration of five political parties, including the Action Peoples Party, Action Alliance, Accord Party, and the Zenith Labour Party, alongside the ADC.

Justice Lifu ruled that the parties failed to meet constitutional requirements for continued registration, citing provisions of Section 225A of the Nigerian Constitution and the Electoral Act 2022. The judgment also barred INEC from recognising the parties or accepting nominations from them ahead of future elections, including the 2027 general elections.

The suit was brought by the National Forum of Former Legislators (National Forum of Former Legislators), which argued that the parties’ poor electoral performance in the 2023 general elections and subsequent polls fell short of required thresholds, including winning seats or securing at least 25 percent of votes in a state during presidential elections.

The Court of Appeal is now considering whether to suspend the Federal High Court ruling while substantive appeals are heard, a decision that could have significant implications for party participation in upcoming elections and Nigeria’s broader electoral landscape.