The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC), in a ruling that has intensified debate over judicial authority and electoral politics ahead of the 2027 general elections.
In a strongly worded decision delivered on Tuesday, the appellate court granted a stay of execution of the judgment issued by Justice Peter Odo Lifu of the Federal High Court, Abuja.
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The lower court had directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal criticised the Federal High Court’s handling of the matter, describing it as a serious breach of judicial hierarchy and constitutional order.
According to the appellate court, Justice Lifu proceeded with the case and delivered judgment despite an existing order from the Court of Appeal and while related proceedings were still pending before it.
The appellate panel characterised the action as “the highest form of judicial impertinence”, stressing that lower courts are constitutionally bound by the decisions and directives of superior courts.
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“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 courts and the 1999 Constitution,” the appellate court ruled.
The decision effectively restores the legal standing of the affected political parties pending the final determination of the dispute, allowing them to continue their political activities and preparations for future elections.
How the Controversy Began
The dispute originated from a judgment delivered on Monday by Justice Lifu, who ordered INEC to withdraw recognition from the ADC and four other political parties. The ruling stemmed from a suit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the parties no longer met constitutional and electoral requirements necessary to maintain their registration.
The plaintiffs contended that the parties had failed to achieve the electoral performance benchmarks required under Nigerian law, including winning elective positions or securing a prescribed percentage of votes in elections. They argued that allowing such parties to remain registered undermined electoral integrity and imposed unnecessary burdens on public resources.
Following the ruling, Justice Lifu directed INEC to cease recognising the affected parties, stop accepting nominations from them, and bar them from participating in the 2027 general elections. The parties were also ordered to stop presenting themselves as legally registered political organisations.
Atiku Welcomes Appeal Court Intervention
Reacting to the Court of Appeal’s decision, ADC presidential candidate Atiku Abubakar described the ruling as a significant victory for democracy and constitutional governance.
In a statement posted on X, Atiku noted that the decision was particularly noteworthy because INEC itself sought the stay of execution, signalling concerns about the implications of the Federal High Court judgment.
He expressed concern over what he described as growing judicial inconsistencies and politically sensitive rulings that have placed Nigeria’s judiciary under increased public scrutiny.
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“I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties,” Atiku said.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny. Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic.”
He further stated that the judiciary still has an opportunity to restore public confidence by upholding the Constitution, the rule of law, and democratic principles.
Senior Lawyer Condemns Lower Court Decision
Senior Advocate of Nigeria (SAN), Jibrin Okutepa, also criticised the Federal High Court’s judgment, describing the development as an example of judicial insubordination.
Speaking during an appearance on Arise Television’s Prime Time programme, Okutepa emphasised that lower courts are obligated to comply with the orders of superior courts irrespective of personal opinions about those decisions.
According to him, respect for judicial hierarchy remains fundamental to the administration of justice and the preservation of the rule of law.
“What happened appeared to be a problem of judicial insubordination, judicial impertinence,” he said.
“The High Court is obligated mandatorily to obey and enforce the orders of the Court of Appeal without question; whether that order was rightly or wrongly given.”
Okutepa argued that no court operating within a constitutional democracy has the authority to disregard the decisions of a superior court, warning that such actions could erode public confidence in the justice system.
The Court of Appeal’s intervention has, for now, removed the immediate threat facing the affected political parties.
However, the substantive legal dispute remains unresolved and is expected to continue through further judicial proceedings, with potentially far-reaching implications for Nigeria’s political landscape ahead of the 2027 elections.
