The Court of Appeal in Abuja has granted a stay of execution on a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel of the appellate court, in a unanimous ruling, criticized the decision of the lower court delivered by Justice Peter Lifu of the Federal High Court in Abuja, stating that it went against an earlier order issued by the appellate court on May 22.
The Court of Appeal held that the trial court’s action amounted to a violation of judicial hierarchy, describing it as an improper disregard for its directive which had restrained further proceedings in the matter.
In its ruling, the appellate court stressed that lower courts are bound to obey superior court orders, adding that failure to do so undermines the integrity of the judiciary. It described the conduct as a serious breach of judicial discipline and reaffirmed its supervisory authority over lower courts.
The court subsequently granted the application for stay of execution, effectively suspending the enforcement of the judgment that would have led to the deregistration of the five political parties.
The affected parties include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), alongside the ADC.
The original Federal High Court ruling had held that the parties failed to meet constitutional requirements for continued registration under Section 225A of the 1999 Constitution and relevant provisions of the Electoral Act 2022. It also barred INEC from recognizing the parties, accepting nominations from them, or allowing their participation in future elections, including the 2027 general elections.
The suit was filed by the National Forum of Former Legislators, which argued that the parties had not met electoral performance benchmarks such as winning legislative seats or securing a minimum percentage of votes in a presidential election.
The case will continue as the Court of Appeal considers the substantive issues surrounding the deregistration dispute.
