A Federal High Court in Abuja on Monday rejected an application seeking to halt proceedings in a suit that aims to deregister the African Democratic Congress (ADC), Accord Party (AP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches. Justice Peter Lifu declined the request by counsel to the 6th defendant, Musibau Adetunbi, SAN, to stay proceedings pending the determination of appeals filed before the Court of Appeal. The judge held that the matter had earlier been placed on accelerated hearing due to its urgency and public importance.
Background of the Suit
The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators through their counsel, Yakubu Abdullahi Ruba, SAN. The defendants include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation (AGF), and several political parties accused of failing to meet constitutional requirements for continued recognition.
Arguments on Stay of Proceedings
During Monday's proceedings, Ruba SAN opposed efforts by the defendants to suspend hearing, arguing that the pending appeals were interlocutory and did not prevent the trial court from proceeding. However, Adetunbi urged the court to stay proceedings, contending that applications had been lodged before the appellate court. He cited settled Supreme Court authorities barring a lower court from entertaining issues already before a higher court.
Counsel to the 3rd defendant, S.E. Aruwa, aligned with this submission, maintaining that the Court of Appeal was already seized of the matter and could deliver its decision within days. Counsel to the 4th defendant, Peter Abang, also urged suspension, arguing that jurisdictional issues raised by his client remained unresolved. Other defence lawyers, including those for the 5th and 7th defendants, supported the application, insisting that continuing could prejudice appellate processes.
Representing INEC, counsel Haliru Mohammed informed the court that the electoral body had filed a counter-affidavit and would abide by the law. Counsel for the AGF, O.A. Abdulraheem, took no definite position. In response, Ruba SAN cited a 1989 Supreme Court decision, arguing there was no subsisting order restraining the Federal High Court from proceeding.
Joinder Applications
The proceedings also featured arguments over applications by several politicians seeking to be joined as defendants. Counsel for Hon. Sani Yakubu Noma, M.E. Sherriff, urged the court to join his client as the 8th defendant, arguing that the serving House of Representatives member would be directly affected if the ADC was deregistered. Another applicant, Abayomi Oluwafemi, sought joinder as the 9th defendant, citing his intention to contest the Ogun State governorship election on the ADC platform.
The 6th defendant moved separate applications to join two Accord Party governorship candidates in Osun and Ekiti states as the 10th and 11th defendants. The plaintiff opposed all joinder applications, arguing that none were necessary parties. Ruba SAN contended that one applicant admitted belonging to the Labour Party, which is not a defendant, and urged the court to dismiss the applications with N50 million costs. Defence counsel argued that under Section 36 of the 1999 Constitution, parties likely to be adversely affected were entitled to fair hearing.
Adjournment and Substantive Claims
After hearing arguments, Justice Lifu adjourned the matter until May 18, 2026, for further proceedings. In the substantive suit, the plaintiff seeks orders compelling INEC to deregister the affected parties for allegedly failing to satisfy constitutional thresholds. The National Forum of Former Legislators alleges that the parties have consistently failed to win elective positions or secure the required constitutional spread since registration. The forum accuses INEC of unlawfully continuing to recognise these parties despite their poor electoral performance and warns that allowing them to participate in the 2027 general elections would overcrowd ballot papers, waste public resources, and undermine electoral integrity.
Justice Lifu had earlier ordered accelerated hearing, citing the approaching political timetable ahead of the 2027 elections and the need for timely judicial determination.
