Court Hears Fresh Arguments In Suit Seeking Deregistration Of ADC, Other Parties

The Federal High Court on Monday entertained fresh legal arguments in a suit seeking the deregistration of the African Democratic Congress and several other political parties, as defendants urged the court to suspend proceedings pending the outcome of an appeal before the Court of Appeal.

Presiding judge, Peter Lifu, subsequently adjourned the matter until May 18, 2026, after listening to submissions on applications for stay of proceedings and joinder.

The case, marked FHC/ABJ/CS/2637/2026, was filed by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission and several registered political parties.

During proceedings, counsel to the sixth defendant, Accord, Musibau Adetunbi (SAN), asked the court to halt further hearing of the suit, arguing that issues relating to the matter were already before the Court of Appeal.

Adetunbi maintained that it would be improper for the lower court to continue hearing arguments on issues already submitted before a higher court, citing relevant Supreme Court authorities in support of his position.

Lawyers representing the ADC, Action Alliance, Action Peoples Party, and Zenith Labour Party aligned with the application for stay of proceedings.

The defence teams argued that continuing with the matter while an appeal was pending could prejudice issues already before the appellate court.

Counsel for the Action Peoples Party informed the court that an affidavit of facts had already been filed at the Court of Appeal on May 7, 2026, and served on all parties involved.

Meanwhile, counsel to Action Alliance also challenged the jurisdiction of the court, insisting that issues surrounding the competence of the suit were already being contested at the appellate level.

Counsel for the ADC, Shuaib Enejo Aruwa (SAN), argued that the appeal court was active and capable of resolving the matter within a short period.

However, counsel to the plaintiff, Yakubu Abdullahi Ruba, opposed the applications, contending that the appeal before the Court of Appeal was merely interlocutory and did not automatically stop the trial court from proceeding with the case.

Ruba argued that there was no subsisting order from either the Supreme Court or the appellate court directing the Federal High Court to suspend proceedings.

Counsel representing INEC, Haliru Mohammed, told the court that the electoral body would abide by the position of the law, adding that INEC had already filed a counter-affidavit to the substantive suit.

The court also heard several applications from politicians seeking to be joined as defendants in the matter.

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One of the applicants, represented by M.E. Sherriff, sought to join the suit on behalf of serving House of Representatives member, Sani Yakubu Noma, arguing that he would be directly affected if the ADC was deregistered.

Another applicant informed the court that he intended to contest the Ogun State governorship election on the ADC platform and could suffer setbacks if the party lost its registration status.

Separate applications were equally filed seeking the inclusion of two governorship candidates of the Accord Party in Osun and Ekiti states as defendants in the case.

The plaintiff’s counsel opposed all joinder applications, insisting that the applicants were not necessary parties since no direct reliefs were being sought against them.

He also urged the court to dismiss the applications and award N50 million in costs.

Counsel for the applicants, however, argued that individuals likely to be affected by the outcome of the suit were constitutionally entitled to be joined in the proceedings.

Justice Lifu later adjourned the matter to May 18, 2026, for ruling and adoption of all pending processes ahead of final determination.

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