By Ghazali Ibrahim
The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to stop the enforcement of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC) and Accord Party.
The other affected parties are the Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP).
During proceedings on Tuesday before a three-member panel of the appellate court, INEC’s legal representatives said the commission was surprised by the delivery of the judgment by Justice Peter Lifu despite what it described as an earlier Court of Appeal order issued on May 22 that was intended to prevent the verdict from being delivered.
INEC also told the court that it was not formally notified about the judgment and only became aware of it through media reports. The electoral body stated that it supports the appeal filed by the affected political parties and does not oppose their application for a stay of execution.
According to INEC’s counsel, the commission believed the appellate court’s May 22 order had halted the delivery of the judgment, which was initially scheduled for June 5.
Lawyers representing the political parties argued that the Federal High Court acted contrary to the judicial hierarchy by proceeding with the judgment. They warned that enforcement of the ruling could affect by-elections scheduled to take place in six states on June 20.
The counsel urged the Court of Appeal to immediately suspend the judgment pending the determination of the appeal, arguing that the lower court’s action challenged the authority of the appellate court.
They further called on the court to exercise its constitutional powers to protect the integrity of the judiciary and prevent the judgment from taking effect while the appeal is being considered.
The suit that resulted in the deregistration order was filed by the National Forum of Former Legislators (NFFL). The group argued that the five political parties failed to meet the requirements outlined in Section 225A of the 1999 Constitution and provisions of the Electoral Act 2022.
The NFFL contended that political parties must either win at least one elective office or secure a minimum of 25 per cent of votes in at least one state during a presidential election to maintain their registration status.
The Court of Appeal is expected to determine whether enforcement of the Federal High Court judgment should be suspended pending the hearing of the substantive appeal.
