The Abuja Division of the Court of Appeal has ordered a stay of execution of the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling delivered on Monday, a three-member panel of the appellate court, led by Justice A. B. Mohammed, faulted the decision of Justice Peter Lifu of the Federal High Court for proceeding with the case despite an earlier order from the appellate court halting further proceedings.
The Court of Appeal described Justice Lifu’s action as a violation of judicial hierarchy and the constitutional authority of superior courts.
According to the panel, the lower court’s conduct amounted to “the highest form of judicial impertinence,” noting that the Supreme Court had previously described such actions as “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 courts and the 1999 Constitution,” Justice Mohammed stated.
“This court has the duty to ensure that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed.”
The ruling temporarily halts the implementation of the Federal High Court judgment, which had ordered INEC to deregister the ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP).
Justice Lifu had ruled that the affected parties failed to meet the constitutional requirements necessary for their continued existence and participation in future elections.
The lower court also barred INEC from recognising the parties, accepting nominations of candidates from them, or permitting them to participate in the 2027 general elections.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), marked FHC/ABJ/CS/2637/2026.
The plaintiffs asked the court to determine whether INEC was constitutionally obligated to deregister political parties that failed to satisfy the electoral performance benchmarks outlined in Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022 and INEC regulations.
According to the NFFL, the five political parties failed to secure the required electoral thresholds during the 2023 general elections and subsequent by-elections.
The group argued that the parties neither won at least 25 per cent of votes in any state during the presidential election nor secured elective positions at the national, state, or local government levels.
It maintained that the continued recognition of the affected parties undermines the integrity of Nigeria’s electoral system.
However, with the Court of Appeal’s latest ruling, the deregistration order remains suspended pending the determination of the substantive appeal.
