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Appeal Court Halts Deregistration of ADC, Four Other Parties, Faults Federal High Court Judge

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The Court of Appeal in Abuja has temporarily halted the deregistration of the African Democratic Congress and four other political parties, delivering a significant legal reprieve that preserves their participation in Nigeria’s political process pending the determination of ongoing appeals.

In a unanimous ruling delivered on Tuesday, a three-member panel of the appellate court ordered a stay of execution of the Federal High Court judgment that had directed the Independent National Electoral Commission (INEC) to remove the parties from its register.

The decision represents a major development in a legal dispute that has attracted nationwide attention due to its potential impact on preparations for the 2027 general elections.

The affected parties include the African Democratic Congress (ADC), Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party.

Beyond granting the stay of execution, the Court of Appeal strongly criticised the conduct of the trial judge, Justice Peter Lifu of the Federal High Court, Abuja, accusing him of proceeding with the matter despite an earlier directive from the appellate court.

According to the panel led by Justice A. B. Mohammed, the lower court failed to respect an order issued on May 22 directing that proceedings be suspended pending the determination of issues before the appellate court.

The justices held that the action amounted to a serious breach of judicial procedure and the established hierarchy of courts within Nigeria’s legal system.

In its ruling, the appellate court stressed that lower courts are constitutionally bound to obey directives issued by superior courts and must refrain from taking actions capable of undermining pending appellate proceedings.

The court described the decision to proceed with the judgment despite an existing appellate order as a direct violation of constitutional principles governing the administration of justice.

The panel also relied on previous Supreme Court authorities to emphasise the seriousness of disregarding orders from higher courts, noting that adherence to judicial hierarchy remains essential for maintaining confidence in the legal system.

The legal battle began after the Federal High Court ruled that the affected political parties failed to satisfy constitutional requirements relating to electoral performance and therefore should be deregistered by INEC.

Justice Lifu had directed the electoral commission not only to remove the parties from its register but also to prevent them from participating in future elections, including activities connected to the 2027 general elections.

The judgment immediately sparked political and legal reactions, particularly because of the growing prominence of some of the affected parties in Nigeria’s evolving opposition landscape.

The ADC, in particular, has attracted considerable attention in recent months following efforts by prominent political figures and opposition groups to strengthen its national structure ahead of the next electoral cycle.

Legal analysts say the Court of Appeal’s intervention effectively restores the status quo, allowing the affected parties to continue operating while the substantive appeal is heard and determined.

The ruling also underscores the importance of judicial discipline and respect for appellate authority within Nigeria’s court system.

For now, the affected parties remain legally recognised political organisations, while INEC is expected to maintain their registration pending the final outcome of the case.

The dispute is likely to continue through the appellate process and could ultimately reach the Supreme Court, given its constitutional and political significance.

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