Appeal court stays judgment ordering deregistration of ADC, four other parties

Jun 16, 2026 By Economy Post

THE Court of Appeal in Abuja has halted the enforcement of a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

Delivering a unanimous ruling on Tuesday, a 3-member panel headed by Justice A. B. Mohammed granted an application for stay of execution and sharply criticised Justice Peter Lifu of the federal high court for proceeding with the judgment despite an earlier order directing him to suspend proceedings.

According to the appellate court, Justice Lifu’s action amounted to a direct disregard of a May 22 order issued by the court of appeal. The panel described the decision to proceed with the judgment as a violation of the judicial hierarchy and the provisions of the 1999 Constitution.

“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution,” the court held.

The appellate court also cited a Supreme Court authority in condemning the conduct of the trial judge, stating that proceeding in defiance of a superior court order constituted the highest form of judicial impertinence.

“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” the panel said, adding that the Supreme Court had previously ruled that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.”

The court stressed that it was obligated to preserve the integrity of the judicial system and enforce obedience to its directives. Consequently, it granted the application for stay of execution and suspended enforcement of the lower court’s judgment pending the determination of the appeal.

“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.

During the proceedings, INEC disclosed that it was unaware the judgment had been delivered and only became aware of it through media reports. Counsel to the commission, Haliru Mohammed, told the court that INEC had knowledge of the appellate court’s May 22 order restraining the lower court from delivering the judgment, which had initially been scheduled for June 5.

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“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” Mohammed submitted.

INEC also indicated its support for the notice of appeal filed by the affected political parties.

Representing the ADC, Shuaibu Aruwa (SAN) informed the court that notification of the judgment was sent to the party through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.

Aruwa argued that the trial court’s conduct could undermine the administration of justice and urged the court of appeal to exercise its constitutional powers to discipline the judge.

“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button,” he said.

He further urged the appellate court to immediately suspend the judgment in order to safeguard its authority and maintain public confidence in the judiciary.

Other affected parties warned that allowing the judgment to remain in force could create significant electoral and constitutional complications, particularly with by-elections scheduled for June 20 in 6 states.

Justice Lifu had earlier ordered INEC to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, ruling that the parties failed to satisfy constitutional requirements necessary for their continued existence and participation in future elections.

Following Tuesday’s ruling by the court of appeal, all five political parties will remain registered until their appeals are fully determined.