The Court of Appeal in Abuja on Tuesday reserved judgment in the appeals challenging a Federal High Court ruling that ordered the Independent National Electoral Commission (INEC) to deregister five opposition political parties.
The affected parties are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labor Party (ZLP).
A three-member panel of justices led by Justice Abba Mohammed announced that a date for the judgment would be communicated to all parties.
During proceedings, counsel to the Accord Party, Musiliu Adetunbi (SAN), urged the appellate court to nullify the Federal High Court judgment, describing it as legally flawed.
He argued that Justice Peter Lifu erred in law by relying on findings and conclusions that were unsupported by the law, insisting that the ruling should be set aside in the interest of justice.
The latest development follows the Court of Appeal’s June 16 decision granting a stay of execution of the Federal High Court judgment. The appellate court also sharply criticized Justice Lifu for proceeding with the case despite an earlier order directing him to halt proceedings pending the determination of an interlocutory appeal.
The appellate court held that Justice Lifu ignored its May 22 order despite being notified, describing his conduct as “judicial impertinence.” It further noted that the Supreme Court had previously characterized such actions as “judicial rascality” unbecoming of a judicial officer.
Justice Lifu had ordered INEC to deregister the five political parties, ruling that they failed to satisfy the constitutional requirements for retaining their registration.
He also restrained INEC from recognizing the parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections. The parties were equally barred from presenting themselves as registered political parties.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), marked FHC/ABJ/CS/2637/2026.
Through its lawyer, Rabo Mohammed, the NFFL argued that INEC was constitutionally bound under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and the commission’s regulations to deregister political parties that fail to meet prescribed electoral performance thresholds.
The group maintained that the affected parties failed to secure at least 25 percent of votes in a state during the presidential election or win at least one elective seat at the federal, state, or local government level, as required by law.
According to the plaintiffs, the ADC and the four other parties failed to meet those constitutional benchmarks in the 2023 general elections and subsequent by-elections, making their continued registration unlawful.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who is also a defendant in the suit, backed the plaintiffs’ position.
In his filings, the AGF argued that allowing the parties to remain registered would violate the Constitution and undermine the integrity of Nigeria’s electoral system. He further contended that INEC would continue to breach its constitutional obligations unless the court intervened.
Dissatisfied with the Federal High Court’s decision, however, INEC and the affected political parties appealed the ruling, asking the Court of Appeal to overturn it.
