Opinion
By Emeka Omeihe
WHAT could have led a Federal High Court Judge to enter judgment in a case the Court of Appeal expressly ordered a stay of proceedings?
That is the puzzle the National Judicial Council (NJC) may have to unravel by investigating the ruling by a Federal High Court, Abuja presided by Justice Peter Lifu ordering the Independent National Electoral Commission (INEC) to de-register five political parties.
Though the order of the Court of Appeal was dated May 22, 2026, Justice Lifu in a judgment last Monday, ordered INEC to de-register: Accord Party, Action Alliance (AA), African Democratic Congress (ADC), Action Peoples Party (APP) and Zenith Labour Party (ZLP). He based his ruling on the inability of the parties to comply with Section 225(A) of the 1999 constitution as amended.
Section 225(A) authorises INEC to deregister political parties for failing to meet constitutional and electoral thresholds. These include breaches of registration requirements, failure to meet specific electoral thresholds such as winning 25 per cent of votes in a state or local government or wining elective seats at the national, state assemblies or the local government.
The judgment ruffled feathers and drew stern criticisms from the political parties and critical stakeholders. Its’ first and perhaps, greatest challenge was that it went against the ruling of the Court of Appeal of May 22, 2026 ordering the High Court to stay proceedings on the case. Why the High Court ignored the order of the appellate court, heard the case and entered judgment, is a question thorough inquisition can unravel.
Questions were also raised on the propriety of the ruling given that some of the political parties INEC was asked to deregister are said to be in good standing on the constitutional requirements to remain alive and active.
The ADC for instance, won two House of Representatives seats in the 2023 general elections in Kogi state in addition to one House of assembly seat. Leke Abejide won Yagba federal constituency comprising Yagba East and Yagba West Local government Areas. He recently decamped to the All Progressives Congress (APC) to pursue his ambition in the ruling party.
Similarly, Idris Salman won the Kabba-Bunu/Ijumu federal constituency of the same state in the 2023 elections. He represented the ADC in the national assembly before he jumped ship and defected to the APC in July 2024.
In the 2024 local government elections in Abia state, Zenith Labour Party won 15 Chairmanship seats out of the 17 local governments in the state.
Again, the APP won a councillorship seat in the local government election conducted in Jigawa state in November, 2024. Usman Alhaji Ali was elected councillor for Buntusu ward in Gwiwa local government area. These realities and others with foreboding prospects to constrict the political space and inject complications into the coming elections; left discerning people very confused.
Not surprisingly, conspiracy theorists quickly went to work. They began to construct a link between the judgment and an agenda by the ruling government to weaken opposition and create room for one party state. Whether this insinuation is right or wrong is left to be seen. But one thing that remains certain is that the judgment created serious room for all manner of insinuations. Who to blame?
Besides, the court order was also bound to trigger off serious electoral and constitutional crisis given that some off cycle elections were billed for June 20, five days away from the date of the ruling. Even then, political parties had concluded their congresses, primaries and conventions with candidates for both the by-elections and the 2027 general elections already elected.
To make matters worse, the timeline for the substitution of candidates had also elapsed. The fate of these candidates under the prevailing circumstance was a serious issue to contend with.
Those who quickly read an agenda to weaken opposition and constrict the political space had something to hold on to. That was a measure of the confusion the ruling threw into the wheels of the electoral and democratic processes.
But the Court of Appeal, Abuja division came to the rescue before the ruling dampened public morale and precipitated loss of faith in the democratic engagement.
In a unanimous decision the next day, the three-man panel led by Justice A.B. Mohammed came down heavily on Justice Lifu for flouting its May 22, order directing him to suspend further proceedings. The Appellate court described his action as the gravest form of judicial misconduct.
“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 courts and the 1999 constitution”, the Appeal Court declared. It further drew attention to the position of the Supreme Court which previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality”
The Court of appeal granted the application for a stay of execution and enforcement of the order.
The turn of events has raised questions as to what could have led Justice Lifu to proceed with the controversial judgment despite the restraining order from a superior court. There are claims that he was not aware of the order.
But corroborative evidence point to the contrary. INEC lead counsel, Haliru Mohammed admitted in court that the commission had been aware of the order restraining the lower court from delivering the judgment which was originally reserved for June 5, 2025.
That is not all. There are also claims from counsels in the case that the restraining order was brought to the attention of the judge. It is obvious the order for a stay of execution was of public knowledge. What is not certain is whether the enrolled order was filed in the High Court.
It is also possible Justice Lifu may have taken refuge under legal technicalities in handing out the ruling. But in doing so, he lost sight of the grave consequences of that decision on free electoral competition; pluralism of choices. Everything was wrong with the timing of the ruling because, it was loaded with frightening prospects of throwing the country into crisis of unimaginable proportions.
There are also issues that could be raised in the first instance, regarding the competence of the National Forum of Former Legislators to file the suit. Do they have the locus standi? And what injury does the forum stand to suffer if INEC is not compelled to deregister the parties? Interestingly, INEC had in the past deregistered political parties in line with its mandate without prompting from third parties. There is more to this suit.
The frenzy over party deregistration on the eve of elections must be investigated by the NJC. Judicial interference through controversial judgments must neither be allowed to imperil the democratic process nor substitute the collective will of the electorate expressed at the ballot box.
A.I
June 22, 2026
Tags: Emeka Omeihe Justice Peter Lifu