In a dramatic legal turnaround, the Court of Appeal in Abuja has issued a decisive stay of execution, halting the controversial deregistration of the African Democratic Congress (ADC), Accord Party (AP), and three other political platforms. The ruling brings immense relief to the affected opposition groups, effectively overriding a previous Federal High Court judgment that threatened to remove them from the official register of the Independent National Electoral Commission (INEC) ahead of the 2027 general elections.
The unanimous decision, delivered by a three-member appellate panel led by Justice A. B. Mohammed, focused heavily on constitutional boundaries and the preservation of judicial hierarchy. The court severely rebuked Justice Peter Lifu of the Federal High Court for pushing forward with his final judgment on June 5, despite a explicit appellate order issued on May 22 instructing him to freeze all lower-court proceedings on the matter.
The appellate jurists characterized the lower court’s disregard for an existing stay order as an act of defiance, stating that it amounted to an affront on the structural integrity of Nigeria’s legal system.
The Origins: The National Forum of Former Legislators’ Lawsuit
The legal battle originated from a civil suit marked FHC/ABJ/CS/2637/2026, instituted by a group operating under the aegis of the National Forum of Former Legislators (NFFL). The plaintiffs had approached Justice Lifu’s courtroom to demand the enforcement of Section 225A of the 1999 Constitution (as amended), which empowers regulatory authorities to de-list non-performing political entities.
The former lawmakers contended that the targeted parties had consistently failed to meet minimum constitutional performance benchmarks during the 2023 general elections and subsequent regional by-elections. Under statutory requirements, a political party must achieve at least one of the following to protect its operational status:
- Secure at least 25 per cent of the votes cast in at least one state of the Federation during a presidential election.
- Win at least one legislative seat in the National Assembly (Senate or House of Representatives).
- Win at least one seat in a State House of Assembly or a chairmanship/councillorship position in local government polls.
Justice Lifu had initially ruled in favor of the NFFL, declaring that the continuation of poorly performing parties undermined the nation’s electoral framework and ordering INEC to immediately strip them of their registration.
Unexpected Alignment: INEC and Opposition Parties Jointly Seek Stay
The execution of the high court’s order met an unexpected roadblock when INEC itself aligned with the affected political parties to demand a total freeze on the judgment. Addressing the Court of Appeal, legal counsel for the electoral umpire expressed shock at the sudden delivery of the high court verdict, revealing that the commission only became aware of the ruling via breaking news reports in the media.
INEC affirmed its awareness of the higher court’s May 22 directive, which was meant to pause the trial judge’s hands. Representatives of the opposition parties also came down hard on the procedural oddities of the lower court. Legal teams disclosed to the appellate justices that notice of the controversial high court judgment had uniquely been communicated to them via a casual WhatsApp notification sent by the court’s registry, an administrative departure from traditional judicial processes.
Status of the Five Affected Political Parties
| Political Party | Acronym | Status Post-Appellate Ruling |
| African Democratic Congress | ADC | Restored — Operational pending substantive appeal |
| Accord Party | AP | Restored — Operational pending substantive appeal |
| Action Peoples Party | APP | Restored — Operational pending substantive appeal |
| Action Alliance | AA | Restored — Operational pending substantive appeal |
| Zenith Labour Party | ZLP | Restored — Operational pending substantive appeal |
Defending the Democratic Space Ahead of 2027
The appellate court’s intervention has been widely hailed by opposition heavyweights and civil society groups who viewed the initial deregistration order as an underhanded attempt to compress Nigeria’s political space. Prominent figures, including the National Chairman of the ADC, Senator David Mark, stated that the intense controversy put the integrity of the judiciary—rather than the political parties—on trial before the citizens.
Co-Chairman of the Movement for Democratic Renewal (MDR), Dr. Gbenga Hashim, also warned that trying to liquidate registered opposition organs serves to weaken pluralistic democracy and tilt the field unfairly toward a one-party state system.
With the Court of Appeal officially invoking its supervisory powers under Section 6 of the 1999 Constitution to grant the stay of execution, the five political parties can legally resume all structural operations, organize regional congresses, and nominate candidates for upcoming elections while the substantive appeal is thoroughly determined.
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