Constitutional breach: Furore as court orders INEC to deregister ADC, Accord, AA, APP, ZLP

.ADC, Accord reject court judgment, vow to challenge verdict

.Peter Obi seeks reversal of judgment

 

The Federal High Court in Abuja on Monday ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other parties over failure to meet the constitutional threshold to be eligible as political parties.

Justice Peter Lifu, in a judgment, ordered INEC to deregister the affected parties having failed to secure 25 per cent of the votes in the last general elections in compliance with the provisions of the law.

The News Agency of Nigeria (NAN) reports that the five political parties include ADC, Accord (A), Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP).

Justice Lifu, who earlier dismissed all the multiple preliminary objections filed by the defendants, ordered INEC not to allow the parties participate in the subsequent elections, including the 2027 general polls, having failed to meet the constitutional threshold.

A group, the Incorporated Trustees of the National Forum of Former Legislators, had filed the suit marked: FHC/ABJ/CS/2637/2026 against the five political parties.

The plaintiff named INEC, the Attorney-General of the Federation (AGF), ADC, AA, APP, A, ZLP as 1st to 7th defendants respectively in the suit.

The group prayed the court for an order of injunction restraining the INEC from receiving or accepting from the five parties or any of ifs organs for the purposes of conducting any political activities to seek votes for their members.

The group argued that the parties failed to secure at least one elected seat after the presidential, governorship, National Assembly, House of Assembly and/or councillorship elections in Nigeria in accordance with the provisions of Section 225(A) of the 1999 Constitution (as amended), among other reliefs.

Delivering the judgment, Justice Lifu held that the questions raised and transmitted to the court by the plaintiff in the amended originating summons were all answered in the affirmative.

Consequently, the plaintiff case succeeds in part as follows:

“It is hereby declared that the 3rd, 4th, 5th, 6th and 7th defendants having failed to secure, meet up with and comply with the 25 per cent constitutional threshold to be eligible as political parties and having failed to satisfy all constitutional pre-conditions to have the status of a registered political party in Nigeria should be deregistered by the 1st defendant (INEC) from the list of political parties.

“The 3rd, 4th, 5th, 6th and 7th defendants, having failed to secure the constitutional threshold, should be deregistered from the list of registered political parties in Nigeria and are therefore not eligible or entitled to participate in the general elections scheduled for 2027 or any other date set by the 1st defendant.

“The 1st defendant is hereby directed and ordered to set the necessary machineries in motion for deregistration of the affected political parties and should not accept any correspondence from the affected entities forthwith.”

The judge further ordered the electoral umpire “to employ its constitutional and all its legal powers to deregister any political party that had not met the constitutional minimum threshold with a view to sanitising the political space.”

Justice Lifu, however, did not make an order as to cost.

Earlier in the ruling, the judge dismissed all the objections raised by the five parties including INEC.

The judge held that the argument by the five political parties that a stay of proceedings had already been granted by the Court of Appeal was no longer tenable, the parties having adopted their final written addresses and the matter adjourned for judgement.

“The words used in Section 225A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) are plain, direct, express and simple and should be given its literal meaning.

“Any deviation therefrom will not meet the goal and the mischief the lawmakers want to cure.

“Proliferation of political parties without any purposeful and intentional design to promote democratic ideals should be discouraged.

“Any tendencies towards pollution of the political environment by making merchandise of the ignorant members and the electorate must be frowned at by the court.”

According to him, there is the argument in this suit that the Court of Appeal has stayed the judgment of this court.

“It must be recognised that this court has the obligation indeed to observe due difference to the highly honoured orders and decision of appellate court in the tradition of much cherished practice of adjudication under and in view of the constitutional hierarchy of court structure.

“It must also be remembered that as at the time of adoption of final written addresses of all the learned counsel for the parties in this suit, there was no order for stay of proceedings from any court served on this court neither was any such extant order of any appellate court shown to the court by any of the learned counsel.

“All what is on record of this court was that there is a pending interlocutory appeal, suffice it to say that the application for stay in this court has been heard and the ruling duly entered in the form of dismissal.

“The position of the law is that the rules of court do not have provision for the arrest of judgement as the defendants in this case are attempting to do,” he held, citing previous decisions of the court.

Justice Lifu stated that the Supreme Court had, over the years, maintained that the judgement of a court cannot be arrested by litigant under any guise.

He also cited previous decisions of the court to back the ruling.

According to him, there is however an exception to this rule.

“This exception lies in the fact that where the process of court is about to be abused, it will be the duty of the court to prevent such an abuse.

“In the instant case, there is no express, direct and specific order of the court staying the judgment of this court by the appellate court capable of creating such exception.

“In the case of Dingyadi vs. INEC (No.1) (2010) 18 NWLR Pt. 1224 1 2010 4-7 SC, the Sokoto Division of the Court of Appeal was specifically stopped from delivering judgment in an appeal basically to stop an abuse of court process.

“This is not the case here in my considered view.

“The defendants all participated in the proceedings, including the ones leading to the three interlocutory rulings and proceeded to adopt their respective objections to jurisdiction and the main originating summons.

“Fair hearing was duly granted to all parties and the judgment of the court was accordingly fixed in the presence of all parties or their counsel.

” If any party wants to suspend the operation of an order fixing a case for judgment, they must seek a specific order staying the effect of those orders.

“In my considered view, this is the implication of the court’s decision in the case of Zenith Bank Pic vs. John 2015 7NWLR Pt. 1458 393.

“In the absence of any specific order putting on hold the judgment of the court coupled with the fact that there is no inferred abuse of court process and counsel has adopted all their processes while this court has statutory limit to deliver its judgment, I hold that there is no legal impediment to the delivery of the judgment of this court.

“Based on my conclusion and reasoning aforesaid, the multiple preliminary objections of all the 1st, 3rd, 4th, 5th, 6th and 7th defendants as differently constituted, all fail and are accordingly dismissed,” Justice Lifu declared.

Meanwhile, the African Democratic Congress (ADC) has rejected a Federal High Court judgment reportedly ordering its de-registration.

The party described the ruling as a threat to democracy and warned against actions capable of destabilising Nigeria’s political system.

This is contained in a statement issued on Monday in Abuja by its National Publicity Secretary, Mallam Bolaji Abdullahi.

Abdullahi said the judgment contradicted constitutional provisions and electoral laws governing political parties.

He warned that removing the party from the ballot could trigger political instability ahead of the 2027 elections.

Abdullahi said the constitution vested powers to register or deregister political parties solely in the Independent National Electoral Commission (INEC).

He stated that INEC had informed the court through a counter-affidavit that the ADC breached no constitutional requirements.

 “INEC categorically maintained that the ADC had not violated any registration requirements,” Abdullahi said.

The party spokesman added that INEC insisted there was no legal basis for removing the party from the register.

He also faulted the judgment, citing a subsisting Court of Appeal order directing a stay of proceedings.

According to him, the trial judge proceeded in spite of being aware of the appellate court’s directive issued on May 22.

Abdullahi described the development as dangerous and capable of weakening Nigeria’s democratic process.

He said the ruling could erode public confidence in key institutions responsible for protecting democracy.

Abdullahi also questioned the involvement of the Attorney-General of the Federation and Minister of Justice.

He described the situation as troubling and part of alleged efforts to undermine opposition voices.

 “We are left in no doubt that this latest development is a continuation of efforts to undermine the opposition,” Abdullahi said.

He argued that the timing of the judgment raised concerns because the party had completed its primaries.

He noted that the party had also fielded candidates for the 2027 general elections before the reported judgment.

The spokesperson warned that eliminating a major opposition party through judicial means could threaten political stability.

He vowed that the party would challenge the judgment through all lawful and constitutional channels available.

Abdullahi said the party would also mobilise democratic stakeholders in defence of its political rights.

He announced plans to petition the National Judicial Council over alleged misconduct by the presiding judge.

He urged ADC members, candidates, supporters and coalition partners to remain calm and vigilant.

 “We reject any attempt to intimidate, suppress, deregister or politically extinguish our party,” Abdullahi stated.

Also, Accord Party has rejected the Federal High Court judgment ordering the de-registration of five political parties, describing the ruling as a travesty of justice.

The National Chairman of the party, Maxwell Mgbudem, said this in a statement on Monday in Abuja.

Mgbudem said the judgment was delivered in spite of a subsisting Court of Appeal order directing a stay of proceedings in the matter.

According to him, the trial court acted in disregard of the appellate court’s directive, raising concerns about due process.

“It is curious that the Federal High Court would proceed to deliver judgment on a matter before the Court of Appeal,” he said.

He argued that the judgment formed part of the proceedings covered by the appellate court’s stay order.

Mgbudem said courts, as institutions governed by the rule of law, should not disregard valid judicial orders.

The party said it would challenge the ruling, adding that its legal team had commenced steps to overturn the judgment.

“Accord will challenge the contentious judgment delivered in disobedience of the appellate court order,” he said.

The party also argued that it should not have been affected by the suit instituted by the National Forum of Former Legislators.

It maintained that it met the constitutional and electoral requirements for continued registration, having won two councillorship seats in Jigawa.

Accord assured its members, candidates and supporters that it would remain on the ballot for forthcoming elections across the country.

The party expressed confidence in participating in the Ekiti and Osun governorship elections, as well as the 2027 general elections.

Mgbudem said preparations for the 2027 polls remained on course, including the planned launch of the Imole campaign in Osun State.

“The attempt to distract our great party by anti-democratic forces has failed and will continue to fail,” he said.

He reaffirmed the party’s commitment to the rule of law, constitutional governance and the promotion of a vibrant multiparty democracy.

Mgbudem added that the party would continue to advocate good governance, economic prosperity, national security and compassionate leadership.

He urged members and supporters to remain united and committed to the party’s vision of national development and democratic advancement.

The News Agency of Nigeria reports that the Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The others are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).

The order followed a judgment delivered by Justice Peter Lifu in a suit filed by the National Forum of Former Legislators.

The forum had asked the court to determine whether INEC had a constitutional obligation to deregister political parties that failed to meet the electoral performance thresholds stipulated in Section 225A of the 1999 Constitution (as amended).

It argued that the requirement was further reinforced by the Electoral Act 2022 and INEC regulations.

Meanwhile, Mr Peter Obi, 2027 Presidential candidate of the National Democratic Congress (NDC) has advised  that the judgment, ordering deregistration of some political parties in Nigeria  should be reversed.

The NDC presidential candidate decried the growing damage to the nation’s sacred institutions on the altar of politics, reiterating the need for Nigeria to restore the dignity, independence, and integrity of the judiciary.

Obi stated this in his reaction to the Court deregistration order, posted on his X handle on Monday.

According to Obi, a nation rises when institutions are stronger and not when they’re politicised.

“When the controversy surrounding  removal of the former Chief Justice of Nigeria, Walter Onnoghen, unfolded, I expressed a concern to a friend: that the greatest damage may not be immediate but the  message it sends about the sanctity and independence of our institutions to the world should not be overlooked.

“Strong economies are built on trust. Investors can manage security risks, policy risks, and even market risks. What they fear most is uncertainty in the rule of law and a judiciary that is perceived to be vulnerable to political pressure.

“Today, many Nigerians have lost confidence in systems that should protect them, businesses increasingly request that their contracts be governed by foreign jurisdictions because they have greater confidence in those institutions than in our own,” he said.

He explained that the nation  must never sacrifice its sacred institutions on the altar of politics, saying that nations rise when institutions are stronger than individuals.

He maintained that the Federal High Court judgment ordering  deregistration of the ADC and other political parties was just one of those activities that further reduced the common man’s trust in the nation’s legal systems.

He advised that the judgment should be reversed and pledged that Nigeria will restore the dignity, independence, and integrity of the judiciary

“The common man must have a voice, the business community must be protected from legal uncertainty and intimidation, justice must be impartial, accessible, and respected by all.

“To our judges, legal luminaries, senior advocates, and lawyers: this is your moment. Rise, defend the rule of law, take back your country,”  he added.