The Court of Appeal has halted the execution of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, pending the determination of issues before the appellate court.
In a unanimous ruling delivered on Tuesday, a three-member panel of the Court of Appeal directed the Independent National Electoral Commission (INEC) to stay the enforcement of the judgment issued by Justice Peter Lifu of the Federal High Court in Abuja.
The appellate court also set aside the lower court’s order, holding that the trial court violated the principles of judicial hierarchy and precedent by proceeding to deliver judgment in a matter in which a stay of proceedings had been ordered.
The appeal arose from an interlocutory application filed by Accord, challenging the Federal High Court’s ruling of April 27, which declined its request to be joined in the suit seeking the deregistration of several political parties.
The deregistration suit was instituted by the Incorporated Trustees of the National Forum of Former Legislators, which had argued that the affected parties failed to meet constitutional requirements relating to electoral performance and spread.
Justice Lifu had earlier ordered the deregistration of five political parties, including the African Democratic Congress, Accord, Action Alliance, Action Peoples Party, and Zenith Labour Party.
During proceedings before the Court of Appeal, counsel to the respondents reportedly urged the court to invoke its disciplinary powers against the trial judge over the handling of the matter.
The affected political parties had expressed concern that the deregistration order could jeopardize their participation in upcoming elections, including by-elections scheduled for June 20 across several senatorial and federal constituencies, as well as the forthcoming off-cycle governorship election in Ekiti State.
The appellate court’s decision effectively restores the parties’ status pending the final determination of the legal dispute and ensures that they remain eligible to participate in electoral activities for the time being.
The case is expected to return to the Court of Appeal for further proceedings.
