The Court of Appeal sitting in Abuja has granted an order for a stay of execution of the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties.
The suspension preserves the legal status of the affected parties pending the determination of the substantive appeal.
The Affected political parties include African Democratic Congress (ADC), Accord, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
The Federal High Court Ruling
Pinnacle Daily reports that Justice Peter Lifu of the Federal High Court had on Monday, June 15, 2026, ordered INEC to deregister the five political parties for failing to meet what he described as the constitutional thresholds (such as winning elective positions or capturing minimum vote percentages) required under Section 225A of the 1999 Constitution.
The trial court barred INEC from further recognition of the political parties, accepting nominations of candidates from them, or giving effect to their activities for the purpose of participating in the 2027 general elections.
In response, INEC filed a motion for stay of execution of the judgment.
The Appeal Court’s Stance
A three-member panel of the Court of Appeal, led by Justice A.B. Mohammed, berated the trial judge for delivering the judgment.
The appellate court noted that Justice Lifu acted in outright defiance of a subsisting May 22 order that had explicitly directed the lower court to suspend proceedings before it pending the determination of appeals on the matter.
The appellate court did not mince words regarding the lower court’s handling of the matter, describing the decision to forge ahead with the judgment as an affront to constitutional hierarchy.
”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 court and the 1999 Constitution. It amounts to the highest form of judicial impertinence,” the appellate court panel stated.
“This court has the duty to invoke its powers in ensuring that its orders are made.
“The application for stay of execution is here yet granted. The enforcement of the judgement is stayed,” the panel further stated.
Addressing the Appeal Court panel on Tuesday, INEC’s lead counsel, Haliru Mohammed, expressed surprise at Justice Lifu’s ruling.
Mohammed stated that the commission was well aware of the May 22 order restraining delivery of the lower court judgment, which was initially reserved for June 5, adding that it only learned of Monday’s high court ruling through breaking news in the media.
“We were not aware of any notice from the court regarding the delivery of the judgement. We only saw it as breaking news in the media.
“We therefore do not oppose the application of the appellant to stay the execution of the judgement,” Mohammed stated.
On its part, African Democratic Congress (ADC) asked the Court of Appeal to set aside the decision and penalize the trial judge for alleged judicial overreach.
Counsel to ADC, Shuaibu Aruwa, SAN told the appellate court panel that Justice Lifu only communicated the lower court’s judgment delivery merely via WhatsApp.
He argued that the trial judge deliberately proceeded with the ruling despite being made aware of a stay order from the higher court—an act he described as a direct affront to the judicial hierarchy and a recipe for anarchy.
“What the trial Judge did was dare this Court of Appeal,” Aruwa contended, urging the appellate justices to deploy “swift and extraordinary measures.”
He cited Section 6 of the 1999 Constitution, requesting that the appellate court invoke its disciplinary powers to suspend the judgment without further delay in order to safeguard the integrity of the court.
The deregistration order, had prevented INEC from recognizing these parties, accepting their candidate nominations, or accrediting their activities for the 2027 general elections.
The legal battle was initiated by the National Forum of Former Legislators, who argued that the five parties had failed to meet the electoral performance criteria set by Section 225A of the 1999 Constitution and the Electoral Act 2022.
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The plaintiffs maintained that to retain registration, a party must either secure at least 25% of votes in a state during a presidential election or win a single elective seat at the national, state, or local government level.
Citing their poor showing in the 2023 general elections and subsequent by-elections, the former legislators contended that the continued recognition of these parties was unlawful and detrimental to the credibility of Nigeria’s electoral framework.
Why Appeal Court Action Matters
Political analysts believe that if the relief for an immediate enforcement of stay of execution had not been granted by the appellate court, the deregistration order would have thrown up massive logistical and constitutional complications for upcoming elections—including scheduled by-elections in six states on June 20, and off-cycle governorship elections.
The order notably preserves high-stakes political alliances, such as the newly unveiled ADC presidential ticket featuring Atiku Abubakar and Rotimi Amaechi, and the re-election bid of figures like Governor Ademola Adeleke in Osun State under the Accord Party platform.
