The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to halt the execution of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties, saying it was not informed before the controversial ruling was delivered.
Appearing before a three-member panel of the appellate court on Tuesday, counsel to INEC, Haliru Mohammed, said the Commission supports the notice of appeal filed by the affected political parties and does not oppose their application for a stay of execution.
Mohammed told the court that INEC was taken by surprise when Justice Peter Lifu of the Federal High Court delivered the judgment despite an earlier order of the Court of Appeal restraining the lower court from doing so.
According to him, the appellate court had, on May 22, ordered a stay of the delivery of the judgment, which had initially been fixed for June 5.
“My Lords, we are aware of an order made by this court on May 22 stopping the delivery of the judgment. We were never notified of any new date for the judgment. We only became aware of it through media reports,” Mohammed told the court.
He urged the appellate court to grant the application seeking to suspend the judgment pending the determination of the appeal.
Counsel to the ADC, Shuaibu Aruwa (SAN), also challenged the manner in which the judgment was delivered, alleging that Justice Lifu notified the party of the judgment through a WhatsApp message.
Describing the development as a serious breach of judicial procedure, Aruwa argued that the trial judge disregarded the authority of the Court of Appeal by proceeding with the judgment despite the subsisting stay order.
He urged the appellate court to take what he described as “extraordinary measures” to protect the integrity of the judiciary, insisting that the judgment amounted to “an invitation to anarchy.”
“The action of the trial judge calls for swift intervention. This court has the responsibility to protect its own authority and ensure that orders of superior courts are respected,” he submitted.
Lawyers representing the affected political parties also warned that failure to suspend the judgment could disrupt the conduct of by-elections scheduled by INEC for June 20 across six states.
They argued that allowing the judgment to stand would create uncertainty over the participation of candidates sponsored by the affected parties and could undermine the electoral process.
READ ALSO:Â Court Orders INEC To Deregister ADC, Four Other Political Parties
The appellate court was still taking arguments from the parties at the time of filing this report.
Justice Lifu had ordered INEC to deregister the ADC, Action People’s Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), holding that they failed to meet the constitutional requirements for continued registration.
The court also restrained INEC from recognising the parties, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.
The judgment followed a suit filed by the National Forum of Former Legislators, which argued that the parties failed to satisfy the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant INEC regulations.
According to the plaintiffs, the affected parties neither secured the minimum constitutional vote threshold nor won elective offices in the 2023 general election and subsequent by-elections, making them liable for deregistration under the law.
The appeal is expected to determine whether the controversial judgment will remain in force as preparations for the 2027 general elections gather momentum.