2027 Elections: Fate of ADC, Four Other Parties Hangs as Appeal Court Hears Deregistration Case

The legal battle over the deregistration of the African Democratic Congress (ADC) and four other political parties resumed on Tuesday as the Court of Appeal in Abuja commenced hearing substantive arguments in a case expected to shape Nigeria’s political landscape ahead of the 2027 general elections.

A three-member panel of the appellate court, led by Justice Abba Mohammed, is considering appeals filed by the affected political parties, the Independent National Electoral Commission (INEC), and other defendants seeking to overturn the judgment of the Federal High Court that ordered their deregistration.

The appeal follows a ruling by Justice Peter Lifu of the Federal High Court, Abuja, which directed INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). The judgment also restrained the electoral commission from recognising the parties or accepting candidates sponsored by them in future elections.

Justice Lifu held that the five political parties no longer met the constitutional requirements for continued registration, agreeing with the arguments advanced by the National Forum of Former Legislators (NFFL).

The plaintiffs maintained that under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations, political parties that fail to meet stipulated electoral performance benchmarks should be deregistered.

According to the NFFL, the affected parties neither secured at least 25 per cent of votes in any state during the presidential election nor won elective offices at the federal, state, or local government levels after the 2023 general elections and subsequent by-elections.

The group argued that retaining such parties on INEC’s register undermines the integrity of Nigeria’s electoral system and violates constitutional provisions governing political party registration.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the position during proceedings at the lower court, arguing that continued recognition of the affected parties would amount to a breach of constitutional provisions and hinder INEC from fulfilling its legal obligations.

However, dissatisfied with the judgment, the affected political parties, alongside INEC and other defendants, appealed the decision.

Earlier, on June 16, the Court of Appeal granted a stay of execution, temporarily suspending the enforcement of the Federal High Court’s orders pending the determination of the appeal.

While granting the stay, the appellate court criticised Justice Lifu for proceeding to deliver judgment despite an earlier directive issued on May 22 instructing him to halt further proceedings until an appeal before the appellate court was resolved.

The Court of Appeal described the action as “a form of judicial impertinence,” citing previous Supreme Court decisions that characterised such conduct as “judicial rascality” capable of eroding confidence in the judicial system.

With all preliminary processes concluded on June 25, Tuesday’s proceedings mark the commencement of substantive arguments in the appeal.

Meanwhile, the ADC also suffered another legal setback at the Federal High Court in Abuja.

Justice Salim Ibrahim dismissed a suit filed by the party’s National Welfare Secretary, Nkemakolam Ukandu, against the Chief Judge of the Federal High Court, Justice John Tsoho, Justice Peter Lifu, and the National Judicial Council (NJC).

The court further ordered Ukandu to pay ₦100 million in damages, awarding ₦50 million each to Justice Tsoho and Justice Lifu within 14 days.

Justice Ibrahim struck out the suit after finding that the plaintiff failed to diligently prosecute the matter, noting that neither Ukandu nor his legal counsel appeared in court despite an earlier warning that the case would be dismissed if they failed to attend the hearing.

Ukandu had accused the judges and the NJC of judicial bias, abuse of office, corruption, and disobedience of a Supreme Court directive in relation to the leadership crisis within the ADC. He also challenged the reassignment of a case involving the party’s leadership from Justice Emeka Nwite to Justice Peter Lifu and sought an order compelling the NJC to investigate the allegations.

The outcome of the appeal is expected to have far-reaching implications for the future of the five political parties, the scope of INEC’s regulatory authority, and the interpretation of constitutional provisions governing political party registration as Nigeria prepares for the 2027 general elections.