INEC Supports Appeal Against Court Order Seeking Deregistration of ADC, Four Other Political Parties
By Nwaeme Nicolas Dozie
E-ISSN: 2354-4481
The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to stay the execution of a Federal High Court judgment directing the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral commission also aligned itself with the notice of appeal filed by the affected parties, signaling its support for judicial review of the controversial ruling.
At the resumed hearing before a three-member panel of the Court of Appeal on Tuesday, INEC's counsel, Haliru Mohammed, informed the court that the commission was surprised by the delivery of the Federal High Court judgment despite an existing appellate order that had suspended its issuance.
According to Mohammed, the Court of Appeal had earlier issued an order on May 22 preventing the delivery of the judgment, which was initially scheduled for June 5. He noted that INEC received no official notification regarding a new delivery date and only became aware of the judgment through media reports.
"As a result, the commission does not oppose the application seeking a stay of execution of the judgment," Mohammed submitted.
Counsel to the ADC, Mr. Shuaibu Aruwa (SAN), also told the appellate court that the party first learned of the judgment through a WhatsApp notification from the trial court. He argued that the Federal High Court proceeded in disregard of a subsisting order from the Court of Appeal.
Aruwa urged the appellate court to take decisive action, describing the development as a challenge to the authority and integrity of the judicial system. He called on the court to exercise its supervisory powers under Section 6 of the 1999 Constitution (as amended) by immediately suspending the judgment pending the determination of the appeal.
Legal representatives of the other affected political parties also raised concerns over the potential implications of the ruling on INEC's scheduled by-elections in six states on June 20. They argued that allowing the judgment to remain in force could create uncertainty and disrupt the electoral process.
The lawyers maintained that the Court of Appeal possesses inherent authority to enforce compliance with its orders and ensure the proper administration of justice.
As of the time of filing this report, the appellate court was still receiving submissions from all parties involved in the matter.
In the judgment delivered on Monday, Justice Peter Lifu of the Federal High Court ruled that the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP) failed to satisfy the constitutional and statutory requirements necessary to retain their registration.
The court consequently restrained INEC from recognizing the parties, accepting nominations from them, or permitting them to participate in the 2027 general elections. It also directed the parties to cease presenting themselves as registered political parties in Nigeria.
The suit was instituted by the National Forum of Former Legislators (NFFL), which sought a declaration that INEC has a constitutional obligation to deregister political parties that fail to meet the performance benchmarks outlined in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.
According to the NFFL, the affected parties consistently failed to achieve the required electoral thresholds, including securing at least 25 percent of votes in a state during presidential elections or winning elective offices at the national, state, or local government levels.
The forum argued that the parties' poor performances in the 2023 general elections and subsequent by-elections justify their deregistration and that their continued recognition weakens the integrity and competitiveness of Nigeria's electoral system.
The Court of Appeal is expected to determine whether the Federal High Court judgment should remain in force pending the final resolution of the substantive appeal.
Your Opinion Matters
Did this news report meet your expectations?
How can we improve our coverage and better serve you?
Leave your comments and suggestions below.
