The Court of Appeal in Abuja has halted the planned deregistration of the African Democratic Congress (ADC) and four other political parties, granting a stay of execution on a controversial lower court ruling.
In a unanimous decision, a three-member panel led by Justice A. B. Mohammed ordered the Independent National Electoral Commission (INEC) to suspend any actions aimed at dissolving the parties.
The ruling provides a critical legal lifeline for the affected political groups, ensuring their continued operations for the time being.
The appellate court fiercely criticized Justice Peter Lifu of the Federal High Court in Abuja, accusing him of deliberately flouting a May 22 directive that ordered him to suspend all proceedings on the matter.
Condemning the lower court’s defiance as “the highest form of judicial impertinence,” the panel stated that proceeding to give judgment despite an express counter-order was a brazen violation of the 1999 Constitution and the hierarchy of the court system.
The justices emphasized their supervisory authority, declaring that the judiciary must fiercely protect its integrity against such acts of “judicial rascality.”
The legal battle stems from a lawsuit filed by the National Forum of Former Legislators (NFFL) under suit number FHC/ABJ/CS/2637/2026.
The group of ex-lawmakers argued that INEC has a strict constitutional obligation to dismantle political parties that fail to meet democratic performance benchmarks.
According to the plaintiff, the targeted parties have consistently failed to secure the necessary electoral victories required by law to justify their ongoing existence and funding.
Under Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022, political parties must meet specific performance thresholds to retain their registration.
These benchmarks require a party to 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, state, or national level.
The NFFL successfully argued at the High Court that the defendants performed so poorly in the 2023 general elections and subsequent by-elections that their continued existence unlawfully undermined the country’s electoral system.
Before the Court of Appeal’s intervention, Justice Lifu’s original judgment had dealt a severe blow to the minor parties, which include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), alongside the ADC.
The initial High Court ruling had barred INEC from recognizing them, accepting their candidate nominations, or allowing them to participate in the upcoming 2027 general elections.
With the enforcement of that judgment now officially stayed, the political parties have secured a temporary reprieve as the substantive legal battle continues.
