The Court of Appeal in Abuja on Tuesday adjourned until July 14 the substantive hearing of appeals seeking to overturn a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The appellate court shifted the hearing after some parties informed the court that they had yet to file and exchange the necessary legal processes required for the commencement of the substantive appeal.
A three-member panel led by Justice Abba Mohammed granted the adjournment after some respondents said they were only served with court processes shortly before proceedings commenced and requested additional time to prepare and file their responses.
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The panel subsequently fixed July 14 to enable all parties to regularize and exchange their court filings before arguments on the merits of the appeals begin.
The appeals were filed by the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), all of which are challenging a judgment of the Federal High Court directing the Independent National Electoral Commission (INEC) to withdraw their recognition as registered political parties.
The Court of Appeal had earlier, on June 25, cleared the matter for substantive hearing after preliminary proceedings that enabled parties to identify and regularize the processes already filed before the court.
Before then, the appellate court had, on June 16, stayed the execution of the Federal High Court judgment and strongly criticized the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier order directing that proceedings be suspended pending the determination of an appeal.
The appellate panel described the lower court’s action as “judicial impertinence,” saying the judge acted in disregard of the judicial hierarchy by delivering judgment after being notified of the subsisting stay order.
Justice Lifu had ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for continued registration. The court also restrained the electoral commission from recognizing the parties, accepting candidates nominated by them, or allowing them to participate in activities leading to the 2027 general elections.
The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution and relevant provisions of the Electoral Act 2022.
The NFFL maintained that the parties failed to secure the constitutional benchmarks required to retain their registration, including winning at least 25 percent of votes in a state during a presidential election or securing elective offices at the federal, state, or local government levels. The Attorney-General of the Federation, Lateef Fagbemi (SAN), supported the plaintiffs’ position before the trial court.
INEC, however, joined the affected political parties in challenging the judgment and urged the Court of Appeal to set it aside, insisting that the parties remain qualified for registration under the Constitution.
