The Independent National Electoral Commission has moved to stop the implementation of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress.
The electoral body appeared before the Court of Appeal in Abuja and supported applications seeking to suspend the judgment while legal challenges against the ruling continue. The parties affected by the judgment are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
During proceedings before a three-member panel of the appellate court, counsel representing INEC informed the court that the commission was surprised by the delivery of the judgment. According to the commission, there had been an earlier order from the Court of Appeal that prevented the lower court from proceeding with the judgment at that stage.
INEC told the court that it became aware of the ruling through media reports and therefore had no objection to the request by the affected parties for a stay of execution.
Lawyers representing the political parties also challenged the circumstances surrounding the judgment. Counsel to the African Democratic Congress informed the appellate court that the party only became aware of the decision through a message sent from the trial court. He argued that the lower court proceeded with the ruling despite an existing order from the appellate court.
The parties urged the Court of Appeal to take urgent steps to prevent the judgment from taking effect. They argued that the appellate court has the authority to protect its own orders and ensure that lower courts comply with them.
Lawyers in the matter also raised concerns about upcoming by-elections scheduled by INEC in several states. According to them, allowing the judgment to remain in force could create uncertainty for electoral activities and political participation.
At the time the matter was being heard, the Court of Appeal was still receiving arguments from all parties involved.
The dispute followed a judgment delivered on Monday by Justice Peter Lifu of the Federal High Court in Abuja. The court ruled that the five political parties failed to satisfy constitutional conditions required to remain registered political parties in Nigeria.
As part of the ruling, the court directed INEC to stop recognising the affected parties. It also barred the commission from accepting nominations from them or allowing them to participate in the 2027 general elections. The parties were further ordered to stop presenting themselves as registered political organisations.
The case was filed by the National Forum of Former Legislators, which asked the court to determine whether INEC had a constitutional duty to deregister parties that failed to meet electoral performance requirements contained in the Constitution, the Electoral Act and INEC regulations.
The group argued that the affected parties had repeatedly failed to secure the level of electoral support required to maintain their registration. It pointed to their performance in the 2023 general elections and subsequent by-elections, stating that they were unable to win enough votes or secure elective positions across different levels of government.
According to the former lawmakers, continued recognition of parties that fail to meet those requirements weakens the electoral system. The affected parties, however, are now seeking relief at the Court of Appeal, with INEC backing efforts to suspend the judgment pending the outcome of the appeal process.