A Federal High Court ruling that mandated the deregistration of five political parties, including the African Democratic Congress, or ADC, was put on hold by the Court of Appeal in Abuja on Tuesday.
The Independent National Electoral Commission, INEC, was ordered to deregister the ADC, Action Peoples Party, APP, Action Alliance, AA, Accord Party, AP, and Zenith Labour Party, ZLP. According to the DAILY POST, the appellate court granted a stay of execution of the ruling rendered by Justice Peter Odo Lifu of the Federal High Court, Abuja.
The Appeal Court denounced the lower court’s action in a strongly worded decision, calling it “the highest form of judicial impertinence” and a clear breach of the court hierarchy.
The panel determined that Justice Lifu continued with the case while it was still pending before the Court of Appeal, in spite of an earlier order.
The court declared that such behaviour was an insult to Nigeria’s constitutional framework governing judicial authority and amounted to judicial rascality.
The justices emphasised that subordinate courts must abide by the rulings and orders of higher courts.
“Courts are required to uphold their integrity. The trial court is under the supervision of this court. The appellate court declared that the lower court’s decision to carry out the judgement in spite of this court’s explicit order was a flagrant violation of the 1999 Constitution and the hierarchy of the courts.
The Federal High Court judgment’s enforcement was then ordered to be halted while additional proceedings were conducted.
The decision eliminates the immediate threat to the parties’ ability to participate in future elections and effectively restores their legal status for the time being.
How it all began
Due to alleged constitutional violations, Justice Peter Odo Lifu of the Federal High Court in Abuja ordered INEC to deregister the ADC, Accord Party, and three other political parties on Monday, sparking the controversy.
The ruling was the result of a lawsuit brought by the National Forum of Former Legislators (NFFL) Incorporated Trustees, who claimed that the parties had not complied with the constitutional conditions required for their continued recognition.
Judge Lifu ordered INEC to cease acknowledging the parties, taking their nominations, and allowing them to run in the general elections of 2027.
The impacted parties were also directed by the court to stop identifying as officially recognised political parties.
The plaintiffs argued that the parties had not met constitutional electoral performance standards, such as obtaining the legal minimum percentage of votes or winning elective offices.
They argued that permitting such parties to stay registered was a waste of public funds and compromised electoral integrity.
Atiku: The judiciary still has a chance to turn things around.
Atiku Abubakar, the ADC’s presidential candidate, praised the Appeal Court’s ruling and called it a triumph for constitutional order and democracy.
In response to the decision, Atiku said in a statement released through X on Tuesday that it was especially noteworthy that INEC itself requested a stay of execution.
He issued a warning about what he called growing judicial inconsistencies and politically charged rulings that have drawn public attention to the judiciary.
He believes that Nigeria is seriously threatened by any attempt to undermine its democratic process through judicial manipulation.
“I applaud the Court of Appeal’s decision to halt the Federal High Court’s ruling that calls for the deregistration of the ADC, our wonderful party, and four other political parties.
“The judiciary is under intense public scrutiny due to the unsettling spectacle of judicial contradictions and politically charged rulings occurring in our courts.”
Atiku declared, “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic.”
He continued by saying that the judiciary still has a chance to prove itself by firmly supporting the Nigerian people, the Constitution, and the rule of law.
Senior attorney: “What transpired smacks of judicial insubordination.”
The Federal High Court ruling was also criticised by Senior Advocate of Nigeria (SAN), Jibrin Okutepa, who called it an obvious instance of judicial insubordination.
Speaking on Tuesday’s Prime Time show on Arise Television, Okutepa made the case that, in accordance with Nigerian law, subordinate courts must respect and uphold the rulings of higher courts, regardless of their personal opinions.
He argued that rigors adherence to the judicial hierarchy is essential to the rule of law.
He contends that a High Court lacks the authority to ignore or contest a Court of Appeal order.
Judicial insubordination and impertinence seemed to be the cause of what transpired.
“The Court of Appeal’s orders must be obeyed and enforced by the High Court without question, regardless of whether they were issued correctly or incorrectly.
According to our legal system, the lower court must submit to the higher court’s order.
No one, regardless of status, has the audacity to challenge the court’s authority when the rule of law is in place, he stated.
According to the DAILY POST, his remarks echoed the Appeal Court’s concerns about the integrity of the judiciary and respect for judicial hierarchy.
Oseni Rufai: “More deregistration is coming.”
The attempted deregistration of opposition parties, according to Arise Television anchor Rufai Oseni, may be a part of a larger attempt to change the political landscape in advance of the 2027 elections.
In an interview with The Morning Show on Tuesday, Oseni referred to the Federal High Court ruling as a “test run” meant to gauge public opinion prior to taking more drastic measures.
He asserted that attempts might be made to keep prominent opposition figures from running in 2027, such as Peter Obi and Atiku Abubakar.
“ADC and NDC should exercise caution because attempts will be made, as I now predict, to make sure that Obi, Atiku, and other prominent candidates are not on the ballot.
“What you witnessed yesterday was merely a test. This is not the actual location where everything is headed.
“They are interested in how Nigerians respond. “There is still more to come,” Oseni stated.
He questioned the rationale behind the deregistration ruling, claiming that some of the impacted parties did not fit the requirements for deregistration because they had won recent elections.
In addition, Oseni urged immediate judicial reforms and cautioned Nigerians to protect democratic institutions in advance of the upcoming general election.
He claims that safeguarding the judiciary’s integrity is now just as crucial as resolving the nation’s security issues.
When judges disregard boundaries, no one is safe—Analyst
Nduka Odo, a political analyst and communication specialist at Peaceland University in Enugu, has cautioned that institutions that disregard the judicial hierarchy and constitutional boundaries jeopardise democracy.
In response to the Court of Appeal’s decision to halt the implementation of the Federal High Court’s ruling mandating the deregistration of the African Democratic Congress (ADC) and four other political parties, Odo told DAILY POST on Tuesday that the matter goes beyond partisan concerns and touches on the fundamentals of the rule of law.
He claims that the dispute is about whether a lower court can act in a way that seems to disregard the authority of a superior court, not about endorsing the ADC, Accord Party, or any of the parties involved.
He cautioned that no person or organisation would be safe from similar acts in the future if such a precedent is permitted to continue.
It might be a political party today. It might be a governor, a lawmaker, a businessman, or a regular citizen tomorrow. The rule of law survives only when everyone agrees to play by the same rules,” he said.
Odo also pointed out the paradox that politicians who once praised court interventions when they served their interests now criticise the judiciary when the results are unfavourable to them.
He emphasised that institutions are designed to serve society in ways that go beyond short-term political goals, cautioning that decisions made today may have far-reaching effects tomorrow.
The communication specialist went on to say that robust, independent institutions, not politicians, are what keep democracy going.
The true lesson here is that robust institutions, not politicians, are what safeguard democracy. The legislature needs to be autonomous. The judiciary needs to be brave. Election authorities must be unbiased. Democracy begins to lose its meaning when one branch of government starts acting in accordance with the wishes of another.
Odo continued, “The Appeal Court’s ruling may have given the impacted parties short-term relief, but the greater challenge remains rebuilding public confidence in institutions that must be seen as fair, consistent, and faithful to the Constitution.”
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