The Independent National Electoral Commission (INEC) has approached the Court of Appeal in Abuja seeking a stay of execution of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The affected political parties are the Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP).
At Tuesday’s proceedings before a three-member panel of the appellate court, INEC’s legal team said the commission was surprised that the trial judge, Justice Peter Lifu, delivered the judgment despite an earlier order of the Court of Appeal issued on May 22, which was said to have stopped the delivery of the verdict.
INEC told the court that it was not officially notified of the judgment and only became aware of the ruling through media reports. The commission also stated that it was supporting the notice of appeal filed by the affected political parties.
Counsel representing the parties argued that the Federal High Court acted in disregard of the judicial hierarchy by proceeding with the judgment despite the appellate court’s earlier intervention.
They urged the Court of Appeal to immediately suspend enforcement of the judgment, warning that the ruling could affect upcoming by-elections scheduled to take place in six states on June 20.
The legal team described the development as a serious challenge to the authority of the appellate court and urged it to exercise its powers to protect the integrity of the judicial system.
The suit that resulted in the deregistration order was filed by the National Forum of Former Legislators (NFFL), which argued that the five political parties failed to meet the constitutional requirements for retaining their registration.
The group relied on provisions of Section 225A of the 1999 Constitution and the Electoral Act 2022, which require political parties to meet certain electoral performance thresholds, including winning at least one elective seat or securing a minimum percentage of votes in a presidential election.
The Court of Appeal is expected to determine whether the judgment should remain suspended pending the hearing and determination of the appeal.
