The Court of Appeal in Abuja has reserved judgment in the appeals challenging the Federal High Court's decision directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel of the Court of Appeal, led by Justice Abba Mohammed, reserved its judgment after lawyers for all the parties adopted their final written arguments on Tuesday.
The political parties involved in the appeals are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Earlier, on June 16, the Court of Appeal suspended the enforcement of the Federal High Court judgment pending the hearing of the appeals. The appellate court also criticised the trial judge, Justice Peter Lifu, for delivering judgment despite an earlier order directing him to stop further proceedings until the appeals were determined.
The Appeal Court described the judge's action as a serious breach of judicial procedure, noting that the Supreme Court has repeatedly warned against lower courts ignoring orders from higher courts.
The Federal High Court had ruled that INEC should deregister the five political parties, saying they failed to meet the constitutional requirements needed to remain registered.
The court also ordered INEC to stop recognising the affected parties, reject any candidates they nominate, and prevent them from participating in the 2027 general elections.
Justice Lifu gave the ruling after hearing a suit filed by the National Forum of Former Legislators (NFFL).
The group argued that under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC's regulations, political parties that fail to meet certain electoral performance standards should lose their registration.
According to the NFFL, the affected parties failed to win at least 25 percent of the votes in any state during the presidential election or secure at least one elective seat at the national, state, or local government level. The group said the parties also performed poorly in the 2023 general elections and subsequent by-elections.
The plaintiffs argued that allowing such parties to remain registered weakens Nigeria's electoral system.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the case. He told the court that INEC has a constitutional duty to deregister political parties that fail to meet the legal requirements.
However, INEC and all five affected political parties appealed the judgment, asking the Court of Appeal to set aside the High Court's decision.
The Court of Appeal has now reserved its judgment, saying the date for delivering its final decision will be communicated to all the parties.
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