The fight over the deregistration of the African Democratic Congress, ADC, and four other political parties took a dramatic turn yesterday as the Court of Appeal in Abuja halted enforcement of a Federal High Court judgment that had ordered their removal from the Independent National Electoral Commission’s, INEC’s, register.
A three-member panel of the appellate court, led by Justice A.B. Mohammed, sharply criticised the lower court for proceeding with its judgment despite an earlier order directing it to suspend action in the matter, calling the conduct a breach of judicial hierarchy.
INEC supported the application for a stay, telling the court it had not been informed that judgment would be delivered and only learned of it through media reports.
The affected parties — ADC, Action Alliance, Action Peoples Party, Accord Party and Zenith Labour Party — had been accused by the National Forum of Former Legislators, NFFL, of failing to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022 and INEC regulations.
The forum’s suit, marked FHC/ABJ/CS/2637/2026, asked the court, presided over by Justice Peter Lifu, to order INEC to deregister the parties. The court granted the request, triggering outrage from opposition figures and civil society groups who warned that such a move could shrink Nigeria’s democratic space ahead of the 2027 elections. Critics called it an attempt to weaken the opposition, while supporters of the ruling insisted it simply enforced constitutional requirements on minimum electoral performance.
Appeal court order
Granting the stay sought by INEC, the appellate panel rebuked Justice Lifu for disregarding an order it issued on May 22 directing him to suspend proceedings. It held that his action amounted to an affront to the hierarchy of courts, describing it as the highest form of judicial impertinence and noting that the Supreme Court has previously held that a judge who acts this way is unfit for the bench, calling such conduct 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, adding: “This court has the duty to invoke its powers in ensuring that its orders are made. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed.”
Parties, INEC seek stay of execution
INEC had earlier asked the appellate court to stay execution of the deregistration judgment and backed a notice of appeal filed by the political parties. Represented by Mr Haliru Mohammed, the commission told the panel it was shocked that Justice Lifu delivered the judgment despite the May 22 order halting it. “We are aware of an order that this court made on May 22, which stopped delivery of the judgment of the lower court, which was initially reserved for delivery on June 5. We were not aware of any notice from the court regarding delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay execution of the judgment,” the commission said.
“Invitation to anarchy”
Counsel to the ADC, Mr Shuaibu Aruwa, SAN, told the court that Justice Lifu had notified the party of the judgment via WhatsApp. Describing the lower court’s conduct as an invitation to anarchy, he urged the appellate court to sanction Justice Lifu for disregarding judicial hierarchy. “Sincerely, a lot has happened to the judiciary and this profession. What the trial judge did was dare this Court of Appeal by insisting that no one could arrest his judgment, even after his attention was drawn to the stay order from this court,” he submitted, urging the panel to invoke its disciplinary powers under Section 6 of the Constitution and suspend the judgment immediately.
The parties also drew the panel’s attention to INEC’s scheduled by-elections in six states on June 20, arguing that allowing the judgment to stand would create nationwide problems and undermine the appellate court’s supervisory authority over lower courts.
Judge declines to recuse himself, fines Mark, Aregbesola N1m
Separately, Justice Lifu yesterday declined to step down from a related suit seeking to remove the Senator David Mark-led leadership of the ADC, ruling that no credible evidence of bias had been presented. He fined Mark and Rauf Aregbesola, the party’s chairman and secretary respectively, N500,000 each for filing what he called a recusal bid meant to stall proceedings, and fixed June 23 for accelerated hearing.
The suit, marked FHC/ABJ/CS/1819/2025, was filed by Nafiu Bala Gombe, a former ADC National Deputy Chairman for the North-East, who is challenging the legitimacy of the Mark-led Caretaker Committee and asking the court to nullify its actions. Gombe argues that following the resignation of former chairman Chief Ralph Nwosu, he was entitled to assume the party’s leadership.
The case was previously before Justice Emeka Nwite, who paused proceedings pending an interlocutory appeal by Mark at the Supreme Court. After the apex court dismissed that appeal on April 30, Gombe petitioned the Chief Judge for reassignment, citing a loss of confidence in Justice Nwite’s impartiality — a request opposed by all other defendants. Nwite later withdrew, and the matter was reassigned to Justice Lifu. The ADC’s National Welfare Secretary, Nkemakolam Ukandu, has since sought to join the suit as an interested party and also asked that the case file be reassigned.
“Attempt to weaken opposition, undermine democracy” — Olawepo-Hashim
Dr Gbenga Hashim, Co-Chairman of the Movement for Democratic Renewal and Accord’s 2027 presidential candidate, said the judgment confirmed long-standing fears of a coordinated push to clear the field for President Bola Tinubu ahead of 2027. He claimed opposition governors had faced pressure to defect to the APC and alleged that the latest court order was designed to ensure rival parties could not survive what he called illegal INEC processes, declaring it now clear that Tinubu is determined to undermine Nigeria’s democracy.
“Deregistration risks national crisis” — Timi Frank
Former APC Deputy National Publicity Secretary Timi Frank warned the move could spark a national crisis, calling the judgment a mystery ruling that appeared to have been prepared in advance of its delivery and urging US President Donald Trump and the international community to intervene to protect Nigeria’s multiparty democracy.
Adebayo rejects verdict
SDP’s 2027 presidential candidate, Prince Adewole Adebayo, called the judgment unconstitutional and undemocratic, pledging support for the affected parties’ pursuit of justice through lawful means.
“We won’t allow one-party state” — Accord
Accord Party’s Ogun State Chairman, Mr Rotimi Oke, said the party rejected the ruling and would not accept a one-party state, stressing that political pluralism must be protected.
“Resist undemocratic move” — Ameh
IPAC’s Acting National Chairman, Chief Peter Ameh, urged Nigerians to resist what he called executive rascality and judicial overreach.
“Threat to our democracy” — CNPP
The Conference of Nigeria Political Parties, through Deputy National Publicity Secretary Comrade James Ezema, described the judgment as an assault on Nigeria’s constitutional democracy, alleging that Attorney-General Prince Lateef Fagbemi, SAN, had actively backed the case rather than remaining a neutral defendant. The group warned that political competition was increasingly being decided by administrative and judicial manoeuvres rather than the ballot box.
“Verdict upholds constitution, not politics” — Ondo AG Ajulo
Ondo State Attorney-General Dr Kayode Ajulo, SAN, defended the ruling as a faithful interpretation of constitutional provisions, noting that Section 225A empowers INEC to deregister underperforming parties and that the relevant constitutional amendment was signed by former President Muhammadu Buhari in 2018, well before the current administration. He said judges are bound to apply the law as written, not to consider political sentiment.
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