By Bose
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The Court of Appeal in Abuja has fixed July 7 for the hearing of a high-profile appeal challenging the proposed deregistration of five political parties, including the African Democratic Congress (ADC) and Accord Party, in a case with far-reaching implications for Nigeria’s democratic landscape.
The appellate court adjourned proceedings on Thursday to enable all parties to file and exchange their briefs of argument ahead of the substantive hearing.
At the sitting, counsel for the Accord Party, Musibau Adetunbi (SAN), informed the three-member panel led by Justice Abubakar Mohammed that the record of appeal and the judgment of the Federal High Court were only received earlier this week and had subsequently been transmitted to the appellate court.
He therefore requested a short adjournment to allow parties adequate time to prepare and exchange the necessary legal processes. The request was not opposed by any of the parties.
Although Adetunbi sought a three-day adjournment, Justice Mohammed explained that members of the panel would be engaged in official assignments next week, making July 7 the earliest available date for hearing.
The appeal arose from a controversial judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja, which ordered the deregistration of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The trial court held that the affected parties failed to meet constitutional requirements and electoral performance benchmarks necessary to maintain their registration and continue participating in elections.
However, the Independent National Electoral Commission (INEC) opposed the ruling, insisting that the parties remain legally qualified to exist and participate in the nation’s electoral process.
INEC argued that candidates elected on the platforms of the affected parties had won elective positions in previous elections, thereby satisfying constitutional requirements. The commission also tendered certificates of return issued to successful candidates as evidence before the court.
The latest adjournment comes barely days after the Court of Appeal halted the implementation of the Federal High Court judgment.
In a unanimous ruling delivered on June 16, the appellate court granted a stay of execution, restraining INEC from taking any steps to deregister the parties pending the determination of the appeal.
The court also faulted the lower court for proceeding with the matter despite an earlier directive requiring a suspension of proceedings, describing the action as inconsistent with established judicial hierarchy.
The suit was originally filed by the National Forum of Former Legislators, which contended that the affected parties failed to attain the electoral performance threshold stipulated under Section 225A of the 1999 Constitution and relevant provisions of the Electoral Act 2022.
According to the group, the parties did not secure sufficient electoral victories during the 2023 general elections and subsequent by-elections to justify retaining their registration.
The parties and INEC, however, maintain that electoral successes recorded by their candidates across various levels of government demonstrate compliance with constitutional requirements.
The outcome of the appeal is expected to shape future interpretations of Nigeria’s political party deregistration laws and could have significant consequences for smaller parties seeking to maintain a place in the country’s increasingly competitive political space.
