Court of Appeal Orders Stay of Execution Against Federal High Court Judgment
The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties in Nigeria.
In a unanimous ruling delivered by a three-member panel led by Justice Abubakar Mohammed, the appellate court granted a stay of execution, preventing the immediate implementation of the lower court’s decision until the substantive appeal is heard.
The ruling offers temporary relief to the affected political parties, allowing them to continue operating pending the outcome of the appeal.
Appeal Court Criticizes Federal High Court’s Action
The appellate court strongly faulted Justice Peter Lifu of the Federal High Court for proceeding with the judgment despite an earlier directive from the Court of Appeal instructing him to suspend proceedings.
According to the court, the decision to continue with the case amounted to a violation of judicial hierarchy and undermined the authority of the appellate court.
The panel described the action as a serious breach of judicial conduct, emphasizing that lower courts are bound by the orders of higher courts under Nigeria’s constitutional framework.
”The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the court ruled.
Substantive Appeal Scheduled for June 25
The Court of Appeal fixed June 25 for the hearing of the substantive appeal, where it will determine whether the Federal High Court’s judgment should stand or be set aside.
The outcome of the appeal could significantly impact the political landscape ahead of the 2027 general elections.
Political Parties Affected by the Deregistration Order
Apart from the African Democratic Congress (ADC), the Federal High Court judgment also affected:
Action Peoples Party (APP)
Action Alliance (AA)
Accord Party (AP)
Zenith Labour Party (ZLP)
Justice Lifu had directed the Independent National Electoral Commission (INEC) to deregister the parties, arguing that they failed to meet constitutional requirements necessary for their continued recognition as political parties.
The judgment also barred INEC from accepting nominations from the affected parties or recognizing their participation in future elections.
Why the Parties Were Targeted
The case was initiated by the National Forum of Former Legislators (NFFL) through suit number FHC/ABJ/CS/2637/2026.
The group argued that the affected political parties failed to satisfy the electoral performance benchmarks outlined in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.
According to the plaintiffs, the parties did not achieve the required electoral success in the 2023 general elections and subsequent by-elections.
The constitutional benchmarks include:
Winning at least 25 percent of votes in a state during a presidential election; or
Securing at least one elective position at the federal, state, or local government level.
The NFFL maintained that the continued registration of the parties was inconsistent with constitutional provisions governing political party recognition in Nigeria.
Implications for Nigeria’s Electoral Process
The Court of Appeal’s intervention means that the affected parties remain legally recognized pending the determination of their appeal.
Political analysts believe the case could become a landmark legal battle regarding political party registration, electoral performance requirements, and the powers of INEC under Nigeria’s electoral laws.
With preparations for the 2027 general elections gradually gathering momentum, the final decision may have far-reaching consequences for smaller political parties seeking to remain active participants in Nigeria’s democratic process.