“‘Judicial Rascality’ — Appeal Court Overrules High Court, Halts Deregistration of ADC and 4 Others”

The Court of Appeal in Abuja has ordered a stay of execution on the judgment directing INEC to deregister five political parties. A three-member panel heavily rebuked the lower court judge for delivering the ruling in defiance of an existing appellate order to suspend proceedings.

The controversial judgment which directed the Independent National Electoral Commission, INEC, to deregister the African Democratic Congress, ADC, and four other political parties was ordered not to be executed

In a unanimous decision, a three-member panel of the appellate court led by Justice Abubakar Mohammed, accused Justice Peter Lifu of the Federal High Court in Abuja of flouting an order it made on May 22, which directed him to suspend proceedings before him.

The appellate court held that Justice Lifu’s action amounted to an affront, judicial rascally on the hierarchy of courts.

It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”

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“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.

“This court has the duty to invoke its powers in ensuring that its orders are made.

“The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court held.

The Court of Appeal fixed June 25, for the definite hearing of the substantive appeal.

It will be recalled that aside from the ADC, the other parties the high court directed INEC to deregister are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

According to the court, the five political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.

It barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.

Moreover, Justice Lifu ordered the defendants to stop parading themselves as registered political parties in the country. He held that there was merit in a suit filed against them by the National Forum of Former Legislators, NFFL.

The group, in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

It was the position of the plaintiff that the five political parties listed as defendants had persistently failed to meet the constitutional benchmarks required to retain their registration.

The former legislators stressed that the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and by-elections conducted by INEC, thereby failing to win seats across key tiers of government.

The litigants insisted that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.

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