Court Denies Political Parties’ Bid to Join Deregistration Lawsuit
A Federal High Court in Abuja has dismissed an application from four political parties seeking to join a lawsuit concerning their deregistration due to their failure to secure electoral seats. The ruling was delivered by Justice Peter Riff on Wednesday.
Participants in the Lawsuit
The application was initiated by Governor Ademola Adeleke of the Accord Party, alongside Sani Yakubu-Nomah of the African Democratic Congress (ADC) and Oluwafemi Abayomi Adebambi of the Accord Party. They aimed to enter the legal proceedings related to the deregistration of several political entities.
Judge’s Ruling on Participation
Justice Riff acknowledged that while the applicants had the right to partake in the proceedings, the inherently partisan nature of the case warranted that it could not be adjudicated separately. He emphasized that the applicants would be subject to the judgment concerning the other defendants involved.
Rejection of Stay of Proceedings
The court also declined to grant a stay of proceedings pending an interlocutory appeal in the Court of Appeal, citing the motion as lacking merit. Justice Riff noted that halting the proceedings could disrupt the schedule of the Independent National Electoral Commission (INEC).
Legal Implications and Political Context
The judge clarified that proceedings should only pause if explicitly mandated by a higher court. He pointed out that once a case has progressed significantly, a stay is typically unwarranted. The case was notably political, with potential implications for upcoming elections.
Background of the Deregistration Application
The lawsuit stems from an initiative by the National Forum of Former Members of Parliament (NFFL), led by Rafael Igbokwe, to deregister the Action Alliance (AA), African Democratic Congress (ADC), Accord Party, Zenith Labor Party, and Action People’s Party (APP) ahead of the 2027 general elections. The NFFL claims these parties have violated Article 225A of the Nigerian Constitution, which necessitates a minimum vote share of 25% in each state to maintain registration.
Arguments from Legal Representatives
In a dissenting opinion, Peter Abang contended that the court should strike his party, the Action Peoples Party (APP), from the list, referencing a previous ruling by the High Court and Court of Appeal in Owerri. He argued that the APP has fulfilled its constitutional obligations by producing local government chairmen in Abia and Nasarawa states.
Next Steps and Sentencing Date
While lawyers for the Accord Party supported Abang’s claims, NFFL’s legal representative, Mr. Yakubu Luba, contended that prior rulings were irrelevant to the current case and called for the court to dismiss the suit, thereby ordering INEC to deregister the parties in question. INEC’s counsel, Khalil Mohammed, informed the court of their counter-affidavit and awaited the outcome. Meanwhile, the Attorney General’s representative, A. Abdulrahman, urged the court to assess whether the parties had indeed breached constitutional provisions. The judge has scheduled a sentencing date for June 5th.
