Appellate Court hears ADC, Accord Party, other deregistered parties’ appeal July 7

The Court of Appeal in Abuja has adjourned until July 7, 2026, the hearing of an appeal challenging the deregistration of the African Democratic Congress (ADC) Accord Party and three other political parties.

The Appellate Court postponed proceedings on Thursday to allow parties in the suit to file and exchange their briefs of argument ahead of the substantive hearing.

At the sitting, Musibau Adetunbi (SAN), Counsel to the Accord Party, informed the three-member panel that the record of appeal and the Federal High Court’s judgment were only transmitted to the Court of Appeal earlier this week.

Adetunbi subsequently requested a short adjournment to enable all parties to file the necessary processes. The request was not opposed.

Presiding Justice Abba Mohammed granted the application and fixed July 7 for hearing.

Although the appellant’s counsel sought a three-day adjournment, the court said some members of the panel would be away from Abuja for a special session, making the later date necessary.

The appeal stems from a judgment delivered by Justice Peter Lifu of the Federal High Court, Abuja, ordering the Independent National Electoral Commission (INEC) to deregister five political parties over what the court described as their failure to meet constitutional performance thresholds.

The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).

In the judgment, Justice Lifu held that the parties did not satisfy conditions required for their continued registration and participation in future elections. The court consequently restrained INEC from recognising the parties, accepting candidates nominated by them, or giving effect to their activities in relation to the 2027 general election.

The trial court also barred the parties from presenting themselves as registered political parties.

The suit was filed by the National Forum of Former Legislators (NFFL), which argued that the affected parties had failed to meet the electoral performance benchmarks stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant INEC regulations.

According to the NFFL, political parties are required to secure at least 25 percent of votes in a state during a presidential election or win at least one elective seat at the federal, state or local government level to retain their registration.

The group maintained that the five parties failed to achieve those thresholds in the 2023 general election and subsequent by-elections, making their continued recognition unlawful.

INEC opposed the suit, insisting that the parties remained qualified to retain their registration because they had won seats in state assemblies and the National Assembly. The electoral commission tendered certificates of return issued to successful candidates as evidence.

However, on June 16, the Court of Appeal granted a stay of execution of the Federal High Court judgment, preventing INEC from implementing the deregistration order pending the determination of the substantive appeal.

In a unanimous ruling, the appellate court held that the lower court proceeded with the matter despite an earlier directive suspending further proceedings pending the resolution of an appeal before it.

The court described the action as a violation of the judicial hierarchy and ordered that enforcement of the judgment be stayed until the appeal is determined.