Appeal Court Ruling Strengthens Nigeria’s Democratic Space

 

By Mary Onyia

The Court of Appeal in Abuja has breathed new life into Nigeria’s democratic landscape by halting the deregistration of the African Democratic Congress (ADC) and four other political parties, a move widely seen as a victory for political pluralism and constitutional order.

In a ruling delivered on Tuesday, the appellate court ordered a stay of execution of a Federal High Court judgment that had directed the Independent National Electoral Commission (INEC) to deregister the parties. The affected parties are the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

A unanimous three-member panel led by Justice A. B. Mohammed sharply criticised the trial judge, Justice Peter Lifu, for proceeding with the matter despite an earlier order from the Court of Appeal directing him to suspend proceedings. The court described the action as a grave breach of judicial hierarchy and constitutional norms.

According to the appellate court, disregarding its directive amounted to “the highest form of judicial impertinence,” noting that the Supreme Court had previously characterised such conduct as judicial rascality. The court stressed that preserving respect for superior court orders is essential to the integrity of the judiciary and the rule of law.

The decision has been welcomed by supporters of multiparty democracy, who argue that the survival of smaller political parties expands citizens’ choices and strengthens democratic competition. The ruling also temporarily shields the affected parties from deregistration pending the determination of the substantive appeal.

Recall that the Federal High Court in Abuja stirred major political controversy in June 2026 when it ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party, Action Alliance, Action Peoples Party, and Zenith Labour Party over their alleged failure to meet constitutional electoral performance thresholds in the 2023 general elections and subsequent by-elections. Justice Peter Lifu held that the parties did not secure the minimum electoral benchmarks required under Section 225A of the Constitution and directed INEC to remove them from its register.

The ruling immediately triggered widespread uproar from opposition politicians, civil society groups, and supporters of the affected parties, who described it as a threat to multiparty democracy and an attempt to shrink the political space ahead of the 2027 elections. ADC leaders strongly rejected the judgment, arguing that the party remained a viable opposition platform and warning that the decision could disenfranchise millions of supporters. Critics also questioned the timing of the ruling, especially as several opposition figures had begun rallying around the ADC as a possible coalition vehicle for the next presidential election.

The backlash prompted a flurry of legal actions, with the affected parties filing appeals and INEC itself seeking a stay of execution of the judgment. The matter escalated further when the Abuja Division of the Court of Appeal intervened and ordered a stay of execution, temporarily preserving the status of the parties pending the determination of the substantive appeals.

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