The Court of Appeal in Abuja has halted the Federal High Court order deregistering the African Democratic Congress, Action Alliance, Action Peoples Party, Accord Party and Zenith Labour Party, describing the lower court’s action as a violation of judicial hierarchy.
In a unanimous ruling Tuesday, a three-member panel led by Justice A.B. Mohammed granted INEC’s application for stay of execution. The appellate court berated Justice Peter Lifu of the Federal High Court for delivering the judgment despite a May 22 order directing him to suspend proceedings. The court called it “the highest form of judicial impertinence” and said the Supreme Court had held that such conduct amounts to judicial rascality.
“Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution,” the panel held.
INEC said it was not notified of the judgment and only learned of it through media reports. “We were not aware of any notice from the court regarding delivery of the judgment. We therefore do not oppose the application of the appellant to stay execution,” INEC’s lawyer Haliru Mohammed told the court.
The deregistration suit was filed by the National Forum of Former Legislators, which accused the five parties of failing to meet electoral performance thresholds in Section 225A of the Constitution, as reinforced by the Electoral Act 2022. Justice Lifu had granted order
Opposition figures and civil society groups condemned the Federal High Court judgment, warning it could shrink Nigeria’s democratic space ahead of 2027. ADC’s lawyer, Shuaibu Aruwa SAN, said the judge notified the party of the judgment via WhatsApp and urged the Appeal Court to sanction him.
Co-Chairman of Movement for Democratic Renewal Gbenga Hashim-Olawepo called it “a systematic effort to weaken opposition politics,” while former APC spokesman Timi Frank warned it could trigger a national crisis. SDP’s Adewole Adebayo described the verdict as unconstitutional and vowed to support affected parties
Accord Party said “we do not want a one-party state,” and IPAC’s Peter Ameh urged Nigerians to resist “undemocratic moves.” CNPP called it “a direct assault on Nigeria’s constitutional democracy,” alleging state capture.
Ondo AG Kayode Ajulo, SAN, defended the lower court, saying Justice Lifu only applied Section 225A of the Constitution, which Buhari assented to in 2018. “The judiciary must remain guided by the law and not by political considerations,” he said