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The Court of Appeal in Abuja has overturned the decision of the appeal filed by the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labor Party (ZLP) against the decision of the Federal High Court ordering the Independent National Electoral Commission (INEC) to cancel their registration.
The three-member panel headed by Justice Abba Bello Mohammed announced on Tuesday that the decision will be delivered on a date that will be communicated to all parties after the lawyers conclude the adoption of their written arguments.
During the hearing, the Accord Party’s legal advisor, Musibau Adetunbi (SAN), urged the appeal court to overturn the lower court’s decision, insisting that the decision was unlawful.
He argued that Judge Peter Lifu of the Federal High Court erred in drawing conclusions that had no legal basis.
Adetunbi maintained that the court made a fundamental error in its findings and appealed to the High Court to overturn the decision in the interests of justice.
The appeal arises from a judgment delivered by Justice Lifu in suit FHC/ABJ/CS/2637/2026, in which the Federal High Court directed INEC to remove five political parties from its register for allegedly failing to comply with the constitutional requirements necessary to maintain their registration.
The court also prohibited the KPU from recognizing the affected parties, accepting candidates sponsored by them, or allowing them to participate in the 2027 elections.
Additionally, the court prohibited the parties from declaring themselves as registered political parties after upholding the case filed by the National Forum of Former Legislators.
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Represented by its counsel, Rabo Mohammed, the forum argued that INEC is constitutionally required under Article 225A of the 1999 Constitution (as amended), the Electoral Act, and the commission’s regulations to cancel the registration of political parties that fail to meet specified electoral performance benchmarks.
According to the plaintiffs, the affected parties did not obtain at least 25 percent of the vote in any state during the presidential election or win elective office at the federal, state, or local government level in the 2023 general election and subsequent midterm elections.
They therefore argue that allowing parties to remain registered violates the Constitution.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who joined the suit, echoed the position of the plaintiff.
He argued that including the affected political parties on the INEC list is inconsistent with constitutional provisions and undermines the integrity of the electoral process in Nigeria.
The Attorney General further stated that unless the court intervenes, INEC will continue to engage in actions that violate its constitutional obligations.
Dissatisfied with the decision, the five political parties, together with INEC, submitted an application to the Court of Appeal requesting that the decision be annulled.
Previously, on June 16, the appeals court postponed implementation of the Federal High Court’s decision pending the hearing and decision of the appeal.
In the ruling, the High Court also faulted Judge Lifu for continuing the trial process despite an earlier order issued on May 22 ordering him to stop the case until a decision on the interlocutory appeal.
The appeals court described the judge’s actions as “a form of legal incivility” and observed that the Supreme Court had previously characterized similar actions as “crimes of law” and conduct unbecoming of a judicial officer.
Following the adoption of the final report on Tuesday, the appeal panel, consisting of Justices Abba Bello Mohammed, Donatus Okorowo and Oyebisi Oyewumi, reserved the judgment and informed the parties that they would be informed once a date for delivery of the judgment had been set.
