Former Vice President Atiku Abubakar and former Senate President David Mark have led opposition figures in welcoming the Court of Appeal's intervention that halted the controversial deregistration of the African Democratic Congress (ADC) and four other political parties. The appellate court's decision, delivered on Monday, provided a reprieve for the opposition ahead of the 2027 general elections, but leaders and rights groups warned that the controversy has placed the judiciary under intense scrutiny and heightened concerns about democratic competition.
Appeal Court Stays Enforcement of Lower Court Judgment
A three-member panel of the Court of Appeal, led by Justice A. B. Mohammed, ruled that the judgment of Justice Peter Odo Lifu of the Federal High Court, Abuja, could not be enforced due to an earlier order of the Court of Appeal staying further proceedings in the matter. The decision followed an appeal by the affected political parties challenging Justice Lifu's judgment directing the Independent National Electoral Commission (INEC) to deregister them.
Counsel to the Accord Party, Musibau Adetunbi (SAN), informed the appellate court that the trial judge delivered judgment on Monday despite being informed of the Court of Appeal's May 22 order staying proceedings. He argued that this amounted to a disregard for the authority of the appellate court. However, counsel to the Incorporated Trustees of the National Forum of Former Legislators (NFFL), Yakubu Ruba (SAN), opposed the application, contending that his client was not served with the notice of appeal and that the stay order had become academic following the Federal High Court judgment.
The dispute arose from Justice Lifu's judgment on Monday directing INEC to deregister ADC, Action Alliance (AA), Accord Party, Zenith Labour Party (ZLP) and Action Peoples Party (APP) for allegedly failing to meet constitutional requirements for political parties. The judge also restrained INEC from recognizing the parties or allowing them to participate in the 2027 elections. The suit, filed by the NFFL, argued that the parties failed to satisfy electoral performance requirements under Section 225A of the 1999 Constitution.
Atiku Expresses Concern Over Judicial Manipulation
Atiku Abubakar, the ADC presidential candidate, welcomed the Court of Appeal's decision but expressed concern over what he described as conflicting judicial decisions and politically charged rulings. He warned against attempts to undermine Nigeria's democratic system through judicial manipulation, describing such actions as a threat to democratic gains. Atiku said the judiciary still has an opportunity to strengthen public confidence by upholding the Constitution and the rule of law.
David Mark Says Judiciary on Trial
Reacting to the controversy, ADC National Chairman David Mark stated that the Nigerian judiciary, rather than the ADC, is currently on trial. Speaking at the ADC Strategic Communications Retreat in Abuja, the former Senate President criticized Justice Lifu's handling of the matter, describing recent judicial actions as unprecedented. He expressed concern that Justice Lifu allegedly disregarded an order of the Court of Appeal staying proceedings and issued contradictory orders. Mark urged party members not to be discouraged, attributing the development to alleged machinations by the ruling All Progressives Congress (APC).
Civil Society Groups Warn of Democratic Risks
The Nigerian Union of Journalists (NUJ), Movement for Democratic Renewal (MDR) and Movement for Credible Elections (MCE) warned that the deregistration order could destabilize the political landscape and undermine confidence in the 2027 elections. Co-Chairman of MDR and Accord Party presidential candidate, Dr. Gbenga Hashim, described the ruling as evidence of a systematic effort to weaken opposition politics. NUJ National Secretary Achike Chude said the judgment could leave many Nigerians politically stranded and trigger voter apathy or unrest. MCE Director-General Wale Okunniyi questioned the circumstances surrounding the suit and warned that public confidence in the electoral process is declining.
Legal Experts Defend and Criticize the Ruling
Senior Advocate of Nigeria Kayode Ajulo defended the judgment, insisting that Justice Lifu merely applied existing constitutional provisions under Section 225A, introduced in 2018 under former President Muhammadu Buhari. He argued that attempts to blame President Bola Tinubu were misplaced. However, the Resource Centre for Human Rights and Civic Education (CHRICED) urged caution, warning that the ruling raises concerns about narrow interpretation of the Constitution without considering broader democratic norms. Former IPAC National Chairman Peter Ameh condemned the judgment as a threat to constitutional democracy and freedom of association. SDP presidential candidate Prince Adewole Adebayo rejected the deregistration move, pledging support for affected parties and warning that democracy cannot flourish where political competition is restricted.
