Opinion
By Emeka Omeihe
NIGERIA’S political space had a fresh relief last Tuesday when the Court of Appeal Abuja division nullified the order of a Federal High Court de-registering five political parties.
The Federal High Court had on June 15, ordered de-registration of African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith labour Party for non-compliance with section 225 of the 1999 constitution as amended. But in a swift ruling the next day, the appellate court ordered a stay of execution of the High Court judgement de-registering the parties.
In its final ruling last Tuesday, the appellate court held that the June 15, judgement of the High Court was a nullity having been delivered without jurisdiction. It held that the trial court wrongly assumed jurisdiction and made an order in an incompetent suit filed by a non-juristic entity.
The trial court also failed to properly evaluate the evidence before it, ignoring proof showing that the parties had won various elective seats in previous elections, the Court of Appeal further held. It therefore restored the registration of the five political parties.
In this column on June 22, 2026 under the title “Appeal Court and Parties’ deregistration”, I examined the issues thrown up by the ruling of the High Court and the order for a stay of execution of the Court of Appeal. The arguments canvassed then have been vindicated by the appellate court’s verdict.
They are herby reproduced for the reading audience:
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 the judgment of June 15, ordered INEC to de-register the parties for inability to comply with Section 225(A) of the 1999 constitution as amended.
The judgment 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 are said to be in good standing on the constitutional requirements to remain alive and active.
The ADC won two House of Representatives seats in the 2023 general election 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.
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. Not surprisingly, conspiracy theorists 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.
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 democratic process.
But the Court of Appeal, Abuja division came to the rescue before the ruling dampened public morale and precipitated loss of faith in 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.
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 turn of events 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 were claims that he was not aware of the order.
But corroborative evidence pointed 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 was 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.
It is also possible Justice Lifu may have taken refuge under legal technicalities. 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.
Justice Lifu will be hard put to prove that he had more than a passing interest in the case.
There are also issues 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?h Interestingly, INEC had in the past deregistered political parties in line with its mandate without prompting from third parties. There is more to the suit.
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. End of the earlier article.
That was the cloudy political atmosphere that has been cleared by the Court of Appeal’s judgement restoring the registration of the parties. And as can be seen, the three planks of our argument-evidence of a stay of execution order, legal personality of the national forum of former legislators and proof of elections won by some of the parties were the main grounds for the appellate court’s ruling.
What remains is the position of the NJC on the conduct of a judge that has been so castigated by a superior court.
***The article was first published in The Nation newspapers.
A.I
Aug. 3, 2026
Tags: Emeka Omeihe Haliru Mohammed INEC Zenith Labour Party