Court of Appeal Blocks Deregistration of African Democratic Congress and Other Political Parties
The Court of Appeal has granted an injunction halting the Federal High Court’s directive to deregister the African Democratic Congress (ADC) along with four other political parties. This decision stems from their failure to secure 25% of the vote in the most recent general election, a constitutional requirement.
A three-member panel from the Court of Appeal, led by Justice AB Mohammed, issued a unanimous ruling on Tuesday that reversed the lower court’s order. This development is a significant victory for the affected parties as they prepare for the upcoming electoral contests.
Previously, Judge Peter Riff of the Federal High Court ruled that the Independent National Electoral Commission (INEC) must deregister the ADC, Accord (A), Action Alliance (AA), Action People’s Party (APP), and Zenith Labor Party (ZLP). This judgment was made in response to a legal challenge initiated by the Corporate Board of the National Forum of Former Members of Parliament, which was recorded as FHC/ABJ/CS/2637/2026.
Judicial Criticism in the Court’s Ruling
In its recent ruling, the appeals court characterized Judge Riff’s order as a flagrant disregard for judicial protocol, citing a previous injunction that had suspended proceedings in the lower court. The panel criticized the manner in which the case was handled, highlighting it as an instance of judicial misconduct.
The Court of Appeal, referencing precedent from the Supreme Court, emphasized that a judge exhibiting such behavior compromises the integrity of the judiciary and is unfit to serve. The ruling underscored the court’s obligation to enforce compliance with its directives, framing the lower court’s actions as a blatant violation of established legal hierarchy and the 1999 Constitution.
Context of the Case
Recall that Judge Riff noted the affected parties failed to meet the requisite electoral benchmarks during the last general election. He dismissed various preliminary objections put forth by the parties and directed INEC to restrict any political entities not conforming to constitutional standards from participating in future elections, including the upcoming 2027 elections.
The plaintiffs in this litigation also included the Attorney General of the Federation (AGF) alongside INEC, highlighting the broader political implications of this case. They argued that the political parties in question did not meet fundamental electoral performance criteria.
Recent Developments Relevant to ADC
This legal development occurs just days after the Supreme Court assigned a related matter involving the ADC back to the Federal High Court for further judgment. Nairametrics previously reported that the Court of Appeal in Abuja dismissed an appeal from former Senate President David Mark concerning ongoing leadership disputes within the ADC.
In this case, the three-judge panel, comprising Justices Uchechukwu Onyemenam, Mohammed Mustapha, and Okon Efreti Abang, deemed the appeal incompetent due to challenges to the court’s jurisdiction. Respondents in this matter included Mr. Nafiu Bala Gombe, ADC, Mr. Rauf Aregbesola, Mr. Ralph Nwosu, and INEC.
The decision to stay the deregistration of the affected political parties comes at a crucial time when these parties are restructuring in anticipation of the 2027 general elections. Earlier this year, INEC disclosed to Parliament that it would require approximately 873.78 billion naira to conduct the upcoming elections, alongside 171 billion naira for operational costs in 2026, marking a substantial increase from the previous 313.4 billion naira budgeted for the 2023 polls.
