The Court of Appeal in Abuja has halted the execution of a Federal High Court judgment that ordered the Independent National Electoral Commission to deregister five political parties. The affected political organizations include the African Democratic Congress, Accord Party, Action Peoples Party, Action Alliance, and Zenith Labour Party. A three-member panel of the appellate court, led by Justice A.B. Mohammed, issued a unanimous ruling heavily criticizing the trial judge, Justice Peter Lifu, for proceeding to deliver the judgment despite an explicit directive instructing the lower court to suspend all actions on the matter, characterizing the behavior as a direct violation of judicial hierarchy.
The appellate court strongly berated Justice Lifu for flouting its May 22 order, which directed him to put proceedings on hold. The panel maintained that the lower court's action represented an affront to the hierarchy of courts and described the conduct as the highest form of judicial impertinence. The court added that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.” In delivering its ruling, the Court of Appeal held, “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.” The panel further concluded, “This court has the duty to invoke its powers in ensuring that its orders are made. The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,”
The Independent National Electoral Commission supported the application for a stay of execution and aligned itself completely with the notice of appeal filed by the political parties. Represented by its legal team led by Mr. Haliru Mohammed, the electoral body expressed shock at the decision of the high court. The commission explained that it was never notified that a judgment would be delivered and only became aware of the judicial outcome through media reports. Haliru Mohammed stated, “We are aware of an order that this court made on May 22, which stopped delivery of the judgment of the lower court, which was initially reserved for delivery on June 5. We were not aware of any notice from the court regarding delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay execution of the judgment.”
The legal dispute originated from a lawsuit marked FHC/ABJ/CS/2637/2026, instituted by the National Forum of Former Legislators. The forum requested the court to determine whether the electoral commission has a constitutional obligation to deregister political platforms that failed to meet the specific performance benchmarks outlined under Section 225A of the 1999 Constitution, the Electoral Act 2022, and commission regulations. The plaintiffs argued that the five political parties performed poorly during the 2023 general elections and subsequent by-elections, failing to win at least 25 per cent of the votes in any state during the presidential election or secure a single elective seat across national, state, or local government tiers.
In a separate judicial development on the same day, Justice Peter Lifu declined to recuse himself from a different lawsuit seeking the removal of the Senator David Mark-led leadership executive of the African Democratic Congress. The trial judge ruled that the request lacked merit and failed to establish any verifiable proof of bias. Consequently, he imposed a fine of N500,000 each against Senator David Mark and the caretaker committee secretary, Rauf Aregbesola, for filing what he described as an application aimed at frustrating the speedy determination of the case. Justice Lifu subsequently fixed June 23 for an accelerated hearing of the suit, which was brought before the court under case number FHC/ABJ/CS/1819/2025 by a former National Deputy Chairman, Nafiu Bala Gombe, who is challenging the legality of the caretaker committee following the resignation of the former National Chairman, Chief Ralph Nwosu.
The initial deregistration order had generated intense outrage from various opposition figures and civil society groups who warned against actions capable of shrinking the democratic landscape ahead of the 2027 elections. The Co-Chairman of the Movement for Democratic Renewal and presidential candidate of the Accord Party, Dr. Gbenga Hashim, termed the verdict a calculated attempt to weaken opposition politics. Hashim stated, “This is not only to destabilise the parties, but to ensure that the parties are not able to survive the illegal INEC processes to ensure only Tinubu can be a viable candidate. With the latest development from the Federal High Court ordering deregistration of opposition political parties, it is now clear beyond any reasonable doubt that President Tinubu is determined to kill Nigeria’s democracy,” Similarly, a former Deputy National Publicity Secretary of the All Progressives Congress, Timi Frank, cautioned that pushing for the deregistration of major opposition parties could cause an uncontrollable national crisis. Frank stated, “The judgment came suddenly without prior notice to the parties involved. From information available to us, it appeared that the judgment had been prepared elsewhere and simply delivered by the court,” He further observed, “It must be noted that any attempt by President Bola Tinubu and those working with him to deregister political parties, particularly major opposition parties such as the ADC, will give rise to a crisis that may be difficult to contain,”
The 2027 presidential candidate of the Social Democratic Party, Prince Adewole Adebayo, also rejected the high court ruling, describing it as unconstitutional and democratic while offering to support the affected parties to seek justice through lawful avenues. In a telephone interview, the Ogun State Chairman of the Accord Party, Mr. Rotimi Oke, expressed deep worry over the potential emergence of a one-party system, stating, “We do not want a one-party state, and we believe political pluralism must be protected. That is our concern,” The Acting National Chairman of the Inter-Party Advisory Council, Chief Peter Ameh, called on citizens to resist executive and judicial overreach, stating, “The only thing necessary for the triumph of evil is for good men to do nothing. This hostile executive rascality and brazen judicial overreach must not be allowed to stand,”
The Conference of Nigeria Political Parties also strongly criticized the judgment. Through its Deputy National Publicity Secretary, Comrade James Ezema, the group stated, “This judgment represents not merely a legal controversy but a direct assault on Nigeria’s constitutional democracy, multiparty political system, and the fundamental rights of citizens to freely associate and participate in the democratic process through political platforms of their choice.” Ezema added, “More disturbing is the active role played by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi-SAN, who did not merely remain a nominal defendant in the matter but reportedly deployed the weight and authority of his office to formally support a suit seeking the deregistration of opposition political parties.” The body further stated, “What Nigerians are witnessing today increasingly resembles a full-scale state capture operation. A situation where formal institutions, legal frameworks, regulatory agencies and public authorities are manipulated by powerful political actors and their allies to secure predetermined political, economic and legal outcomes in their favour. Democracy ceases to exist in any meaningful sense when political competition is no longer determined by voters at the ballot box but by carefully orchestrated administrative and judicial maneuvers designed to eliminate competitors before elections even take place.” Conversely, the Ondo State Attorney-General and Commissioner for Justice, Dr. Kayode Ajulo, SAN, defended the high court ruling as a strict adherence to constitutional parameters rather than a political calculation. Commenting on the legality of the initial judgment, Ajulo stated, “The law is clear and leaves little room for sentiment or political convenience. Justice Lifu did not create the law; he simply interpreted and applied it as enacted,” He emphasized that Section 225A of the 1999 Constitution clearly grants the authority to deregister non-performing parties, concluding, “The judiciary must remain guided by the law and not by political considerations. Judges are duty-bound to interpret statutes as they exist,”
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