Key points
- The Court of Appeal has reserved judgment in appeals challenging the deregistration of five political parties.
- The appeals stem from a Federal High Court ruling directing INEC to deregister the affected parties.
- The parties and INEC are seeking to overturn the lower court’s decision.
- A date for the judgment will be communicated to all parties.
Main story
The Court of Appeal in Abuja has reserved judgment in a series of appeals challenging a Federal High Court ruling that ordered the Independent National Electoral Commission (INEC) to deregister five opposition political parties.
The affected parties are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP).
A three-member panel led by Justice Abba Mohammed announced after hearing arguments that the court would communicate a date for the judgment to all parties involved.
During the proceedings, counsel to Accord Party, Musial Adetunbi (SAN), urged the appellate court to nullify the Federal High Court’s judgment, arguing that the trial judge based his findings on facts that were not supported by law.
He maintained that the ruling should be set aside in the interest of justice.
The appeals follow an earlier decision by the Court of Appeal granting a stay of execution of the Federal High Court judgment pending the determination of the case.
In that ruling, the appellate court criticised the trial judge, Justice Peter Lifu, for continuing proceedings despite an earlier order directing him to suspend the case while an interlocutory appeal was pending.
The Federal High Court had ordered INEC to deregister the five parties after finding that they failed to satisfy constitutional requirements for retaining their registration.
The court also restrained the electoral commission from recognising the parties, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.
The suit was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds required under the Constitution and the Electoral Act.
According to the plaintiffs, the parties neither secured the required share of votes in presidential elections nor won elective offices in the 2023 general elections and subsequent by-elections.
The Attorney-General of the Federation, Lateef Fagbemi (SAN), supported the plaintiffs’ position, arguing that INEC had a constitutional duty to deregister parties that failed to meet the prescribed legal requirements.
However, INEC and the affected political parties appealed the judgment, asking the Court of Appeal to overturn the ruling.
The issues
The case raises important constitutional questions about INEC’s powers and obligations regarding the registration and deregistration of political parties, as well as the electoral performance thresholds required for parties to retain legal recognition.
What’s being said
“A date would be communicated to all parties in the suit.” — Justice Abba Mohammed, Court of Appeal
What’s next
The Court of Appeal will deliver its judgment on a date to be communicated to the parties. The decision could determine whether the affected parties retain their legal status ahead of preparations for the 2027 general elections.
Bottom line
The appellate court’s ruling will have significant implications for Nigeria’s political landscape, particularly the legal status of five opposition parties and INEC’s authority to deregister political parties.
