By Nchetachi Chukwuajah
The Court of Appeal, Abuja Division, on Tuesday, July 7, adjourned the hearing in an appeal challenging the deregistration of the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Zenith Labour Party (ZLP), and Action Peoples Party (APP) to Tuesday, July 14
The Appellate Court had adjourned the hearing date from June 25, earlier fixed for July 7, but when the appeal was called, counsel informed the court that they had filed and served their processes but were yet to file and serve their response briefs.
They all prayed the court for an adjournment to enable them to respond to the processes served on them.
Consequently, the three-member panel of Justices of the appellate court, headed by Justice Abubakar Mohammed, adjourned the hearing of the matter to Tuesday, July 14.
The court also directed that parties should ensure that all the briefs in the matter be filed and served to pave the way for the hearing of the appeals on July 14.
Recall that at the proceedings of June 25, counsel for the Accord Party, Musibau Adetunbi, SAN, informed the court that the record of appeal and final judgement of the Federal High Court, obtained on June 22, had been transmitted to the Court of Appeal as required by law.
Adetunbi subsequently applied for a short adjournment to enable him and others in the matter to file their briefs of argument and exchange same to pave the way for the hearing of the matter.
The application for adjournment was not opposed by all other parties, prompting the panel, headed by Justice Abubakar Mohammed, to adjourn the hearing of the appeal to July 7 at 2 pm.
Justice Peter Lifu of the Federal High Court had on June 15, 20266, ordered the Independent National Electoral Commission (INEC) to deregister the ADC, Accord Party, and three other political parties on the ground that they did not fulfil constitutional requirements in the previous election.
Although INEC opposed the move on the ground that the parties met the required constitutional requirements and even provided evidence, the judge ordered the electoral body to deregister the ADC, Accord Party, Action Alliance (AA), Zenith Labour Party (ZLP), and Action Peoples Party (APP), having failed to secure 25 percent of the votes in the last general elections in compliance with the provisions of the law.
The court said the parties failed to meet the constitutional threshold of Section 225 of the 1999 Constitution, which gives INEC the power to deregister parties that fail to meet the constitutional threshold.
In the judgement, Justice Lifu barred INEC from further according recognition to the parties, accepting nomination of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.
He also ordered the defendants to stop parading themselves as registered political parties in the country and held that there was merit in a suit filed against them by the National Forum of Former Legislators (NFFL).
However, in a unanimous ruling of the three-member panel, in the appeal challenging the judgement of the trial court, which was delivered despite an Appeal Court order directing the trial judge to stay proceedings in the matter pending the outcome of an interlocutory appeal filed in the matter, Justice Mohammed held that the appellate court has a duty to invoke its power to ensure that its order is obeyed.
Justice Mohammed described the action of Justice Lifu as judicial impunity and rascality, adding that, “What the trial court did was a violation of judicial precedent and the Constitution.
“Enforcement of the judgement of the trial court delivered on June 15, 2026, is hereby stayed pending the hearing and determination of the appeal filed by the appellant.”
