Appeal Court Intervenes in Heated Legal Battle: Halts Deregistration of Five Opposition Parties

A significant legal and political controversy has erupted in Nigeria following a Federal High Court judgment ordering the deregistration of five opposition political parties. The civil society organization, Tap Initiative for Citizens’ Development, has formally petitioned the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, and the National Judicial Council (NJC), seeking an investigation into the conduct of Judge Peter Lifu of the Federal High Court, Abuja, who delivered the contentious judgment. The petition alleges that Judge Lifu issued the deregistration order despite a pending appeal and a subsisting Court of Appeal order that explicitly stayed proceedings in the case.

On Monday, Judge Lifu ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP). This judgment stemmed from a suit filed by the National Forum of Former Legislators, represented by Oladimeji Ekengba, which sought to compel INEC to remove these parties from its register. The plaintiff argued that the political parties had failed to meet the constitutional requirements for continued registration as stipulated under Section 225(a) of the Nigerian Constitution. This section outlines performance thresholds, requiring parties to secure at least 25% of votes in a state/LGA in presidential/governorship elections, or win one ward in a chairmanship election, or one seat in the National/State House of Assembly, or one seat in a Councillorship election. Judge Lifu concurred with the plaintiff, stating that none of the five parties met these conditions and were therefore liable for deregistration.

Prior to the judgment, lawyers representing some of the affected parties brought to the court's attention an order from the Court of Appeal, issued on May 22, directing a stay of proceedings. This appeal arose from Judge Lifu's earlier refusal to join Osun State Governor Ademola Adeleke, Accord’s governorship candidate, as a defendant. However, Judge Lifu declined to halt proceedings, asserting that no subsisting stay order from the Court of Appeal had been served on his court before the adoption of final written addresses, and that the law does not recognize the arrest of judgment. He concluded there was no express order preventing him from delivering his decision.

The Tap Initiative for Citizens’ Development highlighted profound concerns beyond mere procedural issues, warning that the development impacts the "stability of democratic governance" in Nigeria. The organization emphasized that respect for appellate hierarchy is crucial for "the protection of democracy and rule of law," and that parallel decisions at the trial court level, especially when an appellate court has assumed jurisdiction, risk "conflicting judicial outcomes" and eroding public trust in the judiciary. Furthermore, the group argued that the judgment carries wider implications, potentially "heightening political tension" and disrupting democratic stability by narrowing political competition ahead of the 2026 off-cycle governorship elections and the 2027 general elections, thereby limiting voter choice and impacting citizens' "fundamental democratic rights."

Consequently, Tap Initiative urged the NJC to investigate Judge Lifu for "possible judicial misconduct," specifically examining whether the judgment was delivered "in disregard of pending appellate proceedings" and a subsisting stay order. They called for an assessment of possible breaches of the Code of Conduct for Judicial Officers and appropriate disciplinary action if wrongdoing is established, stressing the need to reaffirm appellate court authority and reinforce judicial hierarchy to sustain public confidence.

In a significant turn of events, the Court of Appeal in Abuja has since ordered a stay of execution of Judge Lifu’s judgment. A three-member panel of the appellate court "berated" Judge Lifu for proceeding with the case and issuing the deregistration order despite an earlier Court of Appeal order and the case's pendency before it, characterizing his action as "judicial rascality." This appellate decision provides immediate relief for the affected political parties.

Adding another layer to the legal battle, the Independent National Electoral Commission (INEC) itself approached the Court of Appeal on Tuesday, seeking a stay of execution of the Federal High Court judgment. This move by INEC, which had initially opposed the hearing of the suit at the Federal High Court but saw the Attorney-General of the Federation support the deregistration prayers, signals a desire to suspend the judgment's implementation pending the determination of all legal challenges. The immediate enforcement of the judgment would have automatically disqualified high-profile political figures, including former Vice President Atiku Abubakar, who recently emerged as ADC’s presidential candidate for 2027, and Osun State Governor Ademola Adeleke, seeking re-election as Accord’s governorship candidate in August. These individuals are considered major contenders against the All Progressives Congress (APC) in upcoming elections, and INEC's request offers them temporary respite.

Both Accord and ADC have vehemently rejected Judge Lifu’s ruling and vowed to exhaust all legal avenues to challenge it. Governor Adeleke described the decision as an abuse of the court process, while the ADC termed it an attempt to weaken opposition parties. Legal analysts believe INEC's action suggests the deregistration order may not be implemented immediately, allowing all judicial processes to be fully exhausted. The ongoing appeal proceedings are now crucial in determining whether the affected political parties will retain their legal registration status as preparations for future elections intensify across Nigeria.