Court of Appeal Delays Ruling on Deregistration of Five Nigerian Parties

A three-member panel of justices at the Court of Appeal in Abuja has reserved judgment in the appeals filed by the African Democratic Congress (ADC) and four other political parties against their deregistration by the Independent National Electoral Commission (INEC). The parties, which include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), are seeking to overturn a Federal High Court judgment that ordered INEC to deregister them for failing to meet the constitutional requirements for continued registration. The judgment, delivered by Justice Peter Lifu, was based on a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties had not secured at least 25 per cent of votes in a state during a presidential election or won at least one elective office at the federal, state, or local government level. The NFFL claimed that the parties' poor performance in the 2023 general elections and subsequent by-elections made their continued recognition by INEC unconstitutional and detrimental to the integrity of Nigeria's electoral system. The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, supported the NFFL's position, stating that INEC was under a constitutional obligation to deregister parties that no longer satisfy the requirements for registration. However, the affected parties and INEC have appealed the judgment, urging the Court of Appeal to set it aside. Earlier, the Court of Appeal had stayed the execution of the lower court's judgment and criticized Justice Lifu for proceeding with the case despite an earlier order directing him to stay proceedings pending the determination of the appeals. The appellate court described Justice Lifu's conduct as 'judicial rascality' and stated that a judge who acts in such a manner is 'unfit for the bench.' On Tuesday, the court dismissed an application by a faction of the Action Alliance seeking to replace the party's counsel in one of the appeals. The court held that Yakubu Mahdi was validly instructed by the recognized leadership of the Action Alliance and remains the party's lawful counsel. The court also declined to make pronouncements regarding entries on INEC's portal and awarded ₦500,000 costs against the rival faction. The judgment date for the appeals will be communicated to the parties, and the fate of the five political parties remains uncertain.