The Court of Appeal in Abuja has adjourned until July 7 the hearing of an appeal challenging the deregistration of the African Democratic Congress (ADC) and four other political parties by the Federal High Court.
The appellate court shifted the matter on Thursday to allow parties file and exchange their briefs of argument ahead of the substantive hearing.
At the proceedings, counsel to the Accord Party, Mr Musibau Adetunbi (SAN), informed the three-member panel that the record of appeal and the final judgment of the Federal High Court were only obtained on Monday and subsequently transmitted to the Court of Appeal.
Adetunbi therefore requested a short adjournment to enable parties file and exchange the necessary processes.
The application was not opposed by the other parties.
Consequently, the presiding judge, Justice Abba Mohammed, adjourned the matter until July 7 for hearing.
Although counsel sought three days for the filing and exchange of briefs, Justice Mohammed explained that some members of the panel would be away from Abuja for a special judicial session and fixed July 7 for the hearing.
The News Agency of Nigeria (NAN) reports that Justice Peter Lifu of the Federal High Court had ordered the Independent National Electoral Commission (INEC) to deregister five political parties for allegedly failing to meet constitutional requirements for continued registration.
The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
In his judgment, Justice Lifu held that the parties failed to satisfy the electoral performance thresholds required under the Constitution and consequently barred INEC from recognising them, accepting candidates nominated by them or giving effect to their activities ahead of the 2027 general elections.
He also restrained the parties from presenting themselves as registered political parties.
The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the parties had failed to meet constitutional benchmarks, including securing at least 25 per cent of votes in a state during a presidential election or winning elective seats at the national, state or local government levels.
According to the group, the parties performed poorly in the 2023 general elections and subsequent by-elections and therefore no longer qualified to retain their registration.
INEC, however, opposed the suit, maintaining that the parties had won seats in state assemblies and the National Assembly.
The commission backed its position with certificates of return issued to candidates of the affected parties.
Meanwhile, on June 16, the Court of Appeal granted a stay of execution of the Federal High Court judgment, restraining INEC from implementing the deregistration order pending the determination of the appeal.
In a unanimous ruling, the appellate court held that Justice Lifu proceeded with the case despite its earlier directive of May 22 suspending further proceedings pending the determination of an appeal before it.
The court described the action as a violation of the hierarchy of courts and an affront to judicial authority.
“The enforcement of the judgment is stayed,” the appellate court ruled.
Source: NAN
