Appeal Court reserves judgment on INEC deregistration involving ADC, four others

The Court of Appeal sitting in Abuja on Tuesday reserved judgment in appeals, challenging a Federal High Court decision directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

A three-member panel led by Justice Abba Mohammed fixed the matter for judgment after counsel to all parties adopted their written briefs. The court said a date for the ruling would be communicated to the parties.

The appeals were filed by the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), all seeking to overturn the Federal High Court judgment. The ADC, while affected by the lower court’s order, did not file an appeal.

The appellate court had earlier, on June 16, 2026 granted a stay of execution of the Federal High Court judgment pending the determination of the appeals. In the same ruling, the court criticised Justice Peter Lifu of the Federal High Court for proceeding with the case despite an earlier order directing him to stay proceedings.

The panel held that although the trial judge had been notified of its May 22 order, he proceeded to deliver judgment. It described the action as inconsistent with judicial hierarchy, citing previous Supreme Court decisions on compliance with appellate court orders.

Read also: APGA, PDP others miss INEC deadline for candidates list submission as portal closes

Justice Lifu had ordered INEC to deregister the ADC, APP, AA, Accord Party and ZLP after finding merit in a suit filed by the National Forum of Former Legislators (NFFL).

The court further restrained INEC from recognising the parties, accepting nominations from them or allowing them to participate in the 2027 general elections.

The suit, marked FHC/ABJ/CS/2637/2026, asked the court to determine whether INEC is constitutionally required to deregister political parties that fail to satisfy the electoral performance thresholds provided under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant INEC regulations.

The plaintiffs argued that the affected parties failed to meet the constitutional requirements for continued registration, including securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective office at the federal, state or local government level.

According to the NFFL, the parties failed to achieve the prescribed benchmarks in the 2023 general election and subsequent by-elections, making their continued registration inconsistent with constitutional provisions.

Lateef Fagbemi (SAN), Attorney General of the Federation and Minister of Justice, who is also a defendant in the suit, supported the plaintiffs’ position.

He argued that retaining parties that no longer meet constitutional requirements undermines electoral integrity and amounts to a breach of INEC’s constitutional obligations.

INEC and the affected political parties have, however, urged the Court of Appeal to set aside the Federal High Court judgment, arguing that the decision should not stand.

The Court of Appeal said parties would be notified once a date has been fixed for judgment.