Federal Court’s Deregistration Ruling Sparks Controversy in Nigeria
A significant legal controversy unfolded on Monday when a Federal High Court in Abuja decreed the deregistration of the African Democratic Congress (ADC) and four other political parties. This ruling came despite a prior order from the Court of Appeal mandating a suspension of proceedings related to the case.
Judicial Findings and Background
Judge Peter Riff concluded that the ADC, Action Alliance (AA), Agreement Party (AP), Zenith Labor Party (ZLP), and Action People’s Party (APP) failed to meet the constitutional criteria for continued registration. He noted that these parties had not produced elected officials as required under Section 225A of the 1999 Constitution.
Contradictory Orders from the Appellate Court
Documents emerging in the aftermath of the ruling disclosed that on May 22, the Abuja Court of Appeal directed the Federal High Court to cease all further proceedings until the appeal concerning the matter was resolved. This order, validated by Justices Mohammed Danjuma, Adebukola Banjoko, and Oyejoju Oyewumi, underscored the necessity for the lower court to halt actions until the appeals filed by the Accord Party were settled.
Appeal Causes Complications
The appeal originated from Osun State Governor Ademola Adeleke’s challenge against an earlier Federal High Court ruling, which denied his application to join a suit initiated by the Raphael Igbokwe-led National Forum of Former Legislators (NFFL) targeting the deregistration of the implicated parties. As the Accord Party’s gubernatorial candidate for the upcoming Osun election on August 15, Adeleke asserted a vested interest in the matter.
Continued Proceedings Despite Appeals
Despite the appellate court’s clear instructions for a stay of proceedings, Judge Riff dismissed objections from lawyers representing the affected parties. He criticized the notice of appeal and registration order filed by the attorneys as hindrances to delivering a judgment.
Political Reactions to the Ruling
The ruling has raised significant concerns within both legal and political circles, especially following a prior indefinite postponement of the decision. Observers noted that the case was not originally scheduled for that day’s proceedings before the involved parties were summoned to court. Adding to the complexity, the appellate court is expected to hear another appeal related to the APP on June 16.
Critique on Legal and Procedural Grounds
Lawyer Adam Abdulkadir questioned the constitutional and procedural legitimacy of the ruling, suggesting that it poses substantial risks to Nigeria’s democratic framework. He observed that the constitutional provisions intended to encourage political participation might instead be restricting it. Abdulkadir argued that if the appeals court sought to halt proceedings, the lower court’s actions could lack the necessary jurisdiction.
Implications for Nigeria’s Democratic Institutions
As the ruling raises alarms over potential impacts on the upcoming 2027 election cycle, ADC’s position as the primary opposition party is at stake, especially with critical figures like former Vice President Atiku Abubakar and former Rivers State Governor Rotimi Amaechi emerging as contenders. The ADC’s fate, along with the appeals from the affected parties, is likely to remain under intense scrutiny from both judicial and political perspectives in the weeks ahead.
