The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to halt the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
At a hearing on Tuesday, INEC also supported the parties' appeal against the ruling, arguing that the judgment should not have been delivered because an earlier order of the Court of Appeal had suspended its release.
Represented by a legal team led by Haliru Mohammed, the electoral commission told a three-member panel that it was unaware the judgment would be delivered and only learned of it through media reports.
According to INEC, the Court of Appeal had issued an order on May 22 stopping the delivery of the judgment, which had initially been scheduled for June 5. The commission said it received no formal notification that the ruling would proceed despite the appellate court's directive.
"We only saw it as breaking news in the media," INEC's counsel told the court, adding that the commission does not oppose the application seeking a stay of execution.
Counsel to the ADC, Shuaibu Aruwa (SAN), also questioned the circumstances surrounding the judgment, telling the court that Justice Peter Lifu notified the party of the ruling through WhatsApp.
Aruwa argued that the trial judge acted in disregard of the appellate court's authority and urged the Court of Appeal to take disciplinary action. He described the judgment as a challenge to the judicial hierarchy and called for its immediate suspension.
Lawyers representing the affected political parties further warned that allowing the ruling to stand could create uncertainty ahead of by-elections scheduled by INEC for June 20 in six states. They urged the appellate court to exercise its supervisory powers and prevent disruption to the electoral process.
The Court of Appeal has yet to rule on the applications and continues to hear submissions from parties involved in the case.
The Federal High Court judgment affected five political parties: the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Justice Lifu held that the parties failed to meet constitutional requirements necessary to retain their registration. The court consequently directed INEC to withdraw recognition from the parties, stop accepting candidate nominations from them, and prevent their participation in the 2027 general elections.
The ruling also barred the parties from presenting themselves as registered political organisations.
The case was brought by the National Forum of Former Legislators (NFFL), which argued that the affected parties no longer met the electoral performance thresholds outlined in Section 225A of the Constitution, the Electoral Act 2022, and INEC regulations.
The group maintained that the parties failed to secure the required electoral support, including winning at least 25 per cent of votes in a state during a presidential election or obtaining elective seats at the federal, state, or local government levels.
According to the NFFL, the parties' poor performance in the 2023 general elections and subsequent by-elections justified their removal from the register of political parties.
The appellate court's decision on the stay application is expected to determine whether the deregistration order remains in force while the substantive appeal is heard.
