Appeal Court Resumes ADC Deregistration Case Today

The Court of Appeal in Abuja is scheduled to begin substantive proceedings today in a legal dispute over the proposed deregistration of the African Democratic Congress (ADC) and four other political parties.

A three-member panel headed by Justice Abba Mohammed will hear appeals filed by the affected parties, which are seeking to overturn a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to remove them from the register of recognised political parties.

The case follows an earlier sitting on June 25, when the appellate court completed preliminary procedures and directed all parties to regularise their court filings before the main hearing.

Besides the ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) are also contesting the lower court’s decision.

The Appeal Court had earlier intervened on June 16 by suspending the enforcement of the High Court ruling. In the same decision, it criticised the trial judge, Justice Peter Lifu, for delivering judgment despite an earlier directive from the appellate court ordering him to halt proceedings until the appeal was determined.

According to the appellate panel, the judge proceeded with the case after being informed of the stay order, describing his action as a disregard for judicial hierarchy. The court further noted that such conduct had previously been condemned by the Supreme Court as inconsistent with acceptable judicial standards.

Justice Lifu had ruled that the five political parties no longer met the constitutional conditions required to remain registered and consequently ordered INEC to remove them from its register.

The judgment also prohibited the electoral commission from recognising the affected parties, accepting candidates nominated by them, or allowing them to participate in preparations for the 2027 general elections.

The suit leading to the judgment was filed by the National Forum of Former Legislators (NFFL), which argued that the parties had consistently failed to satisfy the electoral performance benchmarks outlined in Section 225A of the 1999 Constitution, as amended, alongside provisions of the Electoral Act 2022.

The group maintained that political parties are expected to secure at least 25 percent of votes in a state during a presidential election or win elective offices at the local, state, or federal level to retain their registration. It claimed the affected parties failed to achieve those requirements during the 2023 general election and subsequent by-elections.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the NFFL’s position, arguing that allowing the parties to remain registered would be contrary to constitutional provisions and weaken the credibility of Nigeria’s electoral system.

However, INEC and the five political parties have appealed the ruling, asking the Court of Appeal to overturn the judgment.

In a related development, the Federal High Court in Abuja ordered ADC National Welfare Secretary, Nkemakolam Ukandu, to pay ₦100 million in costs after dismissing his lawsuit against Chief Judge John Tsoho and Justice Peter Lifu.

Justice Salim Ibrahim awarded ₦50 million each to the two judges following an application by their counsel and struck out the suit for lack of diligent prosecution. Ukandu had asked the court to compel the National Judicial Council (NJC) to investigate the judges over allegations of bias, abuse of judicial authority, and failure to comply with Supreme Court directives relating to the ADC’s internal leadership dispute