A major legal twist has emerged in the controversy surrounding the deregistration of five political parties after the Court of Appeal ordered a stay of execution on a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to remove the parties from its register.
The ruling provides immediate relief for the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord Party and Zenith Labour Party (ZLP), all of which had been ordered deregistered by the Federal High Court in Abuja. The latest development has intensified debate over Nigeria’s democratic space ahead of the 2027 general elections, with opposition figures, legal practitioners and political organisations weighing in on the implications of the political party deregistration dispute.
A three-member panel of the Court of Appeal, led by Justice A.B. Mohammed, unanimously halted enforcement of the lower court’s judgment.
The appellate court strongly criticised Justice Peter Lifu of the Federal High Court for proceeding with the judgment despite an earlier directive from the Court of Appeal ordering a suspension of proceedings. According to the appellate court, the action represented a violation of judicial hierarchy and constitutional principles governing the relationship between superior and lower courts.
The court stated that lower courts are obligated to obey directives from appellate courts and emphasized its authority to ensure compliance with such orders. Consequently, it granted the application seeking a stay of execution, effectively suspending implementation of the judgment pending further legal proceedings.
The dispute originated from a lawsuit filed by the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to satisfy constitutional requirements relating to electoral performance.
The suit sought the enforcement of Section 225A of the 1999 Constitution and relevant provisions of the Electoral Act 2022, which empower INEC to deregister political parties that fail to meet specific electoral benchmarks. Justice Lifu had granted the request, ordering the removal of the five parties from INEC’s register, triggering widespread reactions across the political landscape.
During proceedings at the Court of Appeal, INEC supported the request to suspend the judgment.
Represented by counsel Haliru Mohammed, the commission informed the court that it was unaware the judgment would be delivered and only learned about it through media reports. INEC maintained that it was aware of the appellate court’s earlier order directing the lower court to suspend action in the matter. The commission therefore raised no objection to the application seeking suspension of the judgment.
Counsel to the ADC, Shuaibu Aruwa (SAN), described the lower court’s action as a challenge to the authority of the Court of Appeal. He argued that the judgment created uncertainty and threatened judicial order.
The ADC legal team urged the appellate court to take decisive action to protect the integrity of the judiciary and preserve confidence in the legal process. Other affected parties also warned that implementation of the judgment could disrupt electoral preparations, including upcoming by-elections scheduled in several states.
While the political party deregistration battle continued, another legal contest unfolded at the Federal High Court involving the leadership of the ADC. Justice Peter Lifu declined requests to recuse himself from a separate suit challenging the leadership of Senator David Mark and former Osun State Governor Rauf Aregbesola within the party. The judge dismissed allegations of bias and imposed costs of N500,000 each on Mark and Aregbesola over their applications seeking his withdrawal from the matter.
The case was filed by former ADC National Deputy Chairman (North-East), Nafiu Bala Gombe, who is contesting the legality of the current leadership structure. Justice Lifu fixed June 23 for accelerated hearing of the suit.
The controversy has generated strong reactions from political stakeholders. Former presidential candidate Gbenga Olawepo-Hashim described the initial deregistration ruling as an attempt to weaken opposition parties and reduce political competition ahead of the 2027 elections.
Former APC Deputy National Publicity Secretary, Timi Frank, warned that attempts to remove major opposition parties from the political landscape could trigger wider political tensions. Similarly, Social Democratic Party presidential candidate Adewole Adebayo rejected the ruling, insisting that democratic participation should not be restricted through judicial actions.
The Accord Party also expressed concerns that efforts to shrink the number of political parties could undermine Nigeria’s multiparty democratic system. The Inter-Party Advisory Council (IPAC) and the Conference of Nigeria Political Parties (CNPP) similarly cautioned against actions they believe could narrow democratic participation and weaken opposition voices.
Offering a different perspective, Ondo State Attorney-General and Commissioner for Justice, Dr. Kayode Ajulo (SAN), defended the Federal High Court’s original judgment.
Ajulo argued that the ruling was based on constitutional provisions rather than political considerations. He maintained that Section 225A of the Constitution clearly empowers INEC to deregister parties that fail to satisfy electoral performance requirements and stressed that judges are obligated to interpret and apply existing laws.
With the Court of Appeal now halting enforcement of the deregistration order, the affected parties remain legally recognised pending the outcome of the appeals process.
The political party deregistration controversy has become one of the most significant legal and political disputes ahead of the 2027 elections, raising questions about electoral competition, judicial authority and the future of Nigeria’s multiparty democracy. As appeals continue and fresh hearings approach, the final outcome could have far-reaching implications for political participation and party politics across the country.
