The Independent National Electoral Commission (INEC) has approached the Court of Appeal in Abuja seeking an order to suspend the enforcement of a Federal High Court judgment that directed the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral body also backed the appeal filed by the affected parties, asking the appellate court to halt the implementation of the judgment pending the determination of the legal challenge.
During proceedings before a three-member panel of the Court of Appeal on Tuesday, INEC said it was surprised that Justice Peter Lifu of the Federal High Court proceeded to deliver the judgment despite an earlier order by the appellate court restraining such action.
INEC’s legal team, led by Mr. Haliru Mohammed, told the court that the commission was not served any official notice about the judgment date and only became aware of the decision through media reports.
The commission argued that enforcing the ruling while the appeal is pending could create legal complications, insisting that the issues raised in the matter require the intervention of the appellate court.
Counsel to ADC, Mr. Shuaibu Aruwa, SAN, also urged the Court of Appeal to suspend the judgment, describing the lower court’s action as a disregard for the authority of the appellate court.
Aruwa argued that Justice Lifu proceeded with the judgment despite being aware of the stay order issued by the Court of Appeal, calling for disciplinary action against the judge.
He urged the appellate court to exercise its constitutional powers to protect the integrity of the judiciary and prevent lower courts from undermining its authority.
Other parties in the case also warned that failure to suspend the judgment could affect INEC’s planned by-elections in six states, scheduled for June 20.
They maintained that the Court of Appeal has the authority to intervene and ensure that its earlier orders are respected.
The dispute arose from a suit filed by the National Forum of Former Legislators (NFFL), which asked the court to compel INEC to deregister political parties that failed to meet constitutional requirements for continued recognition.
Justice Lifu had ruled in favour of the plaintiffs and ordered INEC to remove ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) from the register of recognised political parties.
The court held that the parties failed to meet the constitutional benchmarks required to remain registered, including securing the required percentage of votes or winning elective positions during elections.
The judgment also stopped INEC from recognising the parties, accepting their candidates’ nominations, or allowing them to participate in future electoral activities, including the 2027 general elections.
The former legislators had argued that the continued recognition of the affected parties violated electoral laws and weakened the credibility of Nigeria’s political system.
The Court of Appeal is expected to continue hearing arguments from all parties before deciding on the request to suspend the judgment.
