The Court of Appeal, Abuja, has issued a stay of execution on a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, just weeks before the 2027 general elections. The ruling, delivered by Justice Peter Lifu, targeted the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord Party (AP), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional requirements under Section 225(A) of the 1999 Constitution.
Background of the judgment
The judgment came shortly after these parties concluded their primaries for the 2027 elections, creating confusion about its impact on off-cycle governorship contests in Ekiti State and Osun State. Governor Ademola Adeleke, who recently defected from the Peoples Democratic Party (PDP) to Accord Party, is the AP candidate for the August 15 Osun election. Critics believe the ADC's presidential candidate, Atiku Abubakar, was the primary target of the suit.
The plaintiff, the National Forum of Former Legislators (NFFL), filed the case, raising questions about its locus standi. INEC itself maintained that the parties did not fall within the categories contemplated for deregistration under Section 225(A).
Appeal and stay of execution
The affected parties and INEC swiftly appealed, and the Court of Appeal granted a stay of execution. The higher court criticized Justice Lifu for proceeding with the judgment despite being served a notice of appeal and an earlier order from the Court of Appeal dated May 22. The appellate court stated, "Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. 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 courts and the provisions of the Constitution."
Political implications
Many Nigerians view the suit as an attempt to shrink the political space and undermine multiparty democracy. The Attorney General of the Federation, Lateef Fagbemi, filed a joinder supporting the deregistration, arguing he was duty-bound to enforce constitutional provisions. Additionally, Chief of Staff Femi Gbajabiamila convened a meeting of the NFFL in January, during which the group endorsed President Bola Tinubu as its sole candidate for 2027.
PREMIUM TIMES calls for Justice Lifu's misconduct to be referred to the National Judicial Council for punitive action, warning that unchecked judicial indiscipline entrenches anarchy. The newspaper also urges the Supreme Court to declare Section 225(A) provisions inimical to democratic objectives, citing a landmark case where legal icon Gani Fawehinmi successfully challenged similar restrictions.
Multipartism remains a cornerstone of democracy, and any attempt to constrict electoral choice endangers the nation's democratic future.
