Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal in Abuja has granted a stay of execution of a Federal High Court judgment that had ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, effectively suspending the enforcement of the ruling pending the determination of substantive appeals. In a unanimous decision delivered on Tuesday, June 16, 2026, a three-member panel led by Justice A.B. Mohammed granted the stay following an application initiated by INEC, a move that has been welcomed by the ADC's presidential candidate and former Vice President, Atiku Abubakar.
The appellate court's ruling came just one day after Justice Peter Lifu of the Federal High Court in Abuja had on Monday, June 15, 2026, ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP). The lower court had held that the parties failed to meet the constitutional performance thresholds required for continued registration under Section 225A of the 1999 Constitution, particularly regarding their performance in the 2023 general elections.
However, the Court of Appeal severely criticised Justice Lifu for proceeding to deliver his judgment despite an earlier order from the appellate court directing him to suspend proceedings in the matter. The panel noted that on May 22, 2026, a three-member panel led by Justice Mohammed Danjuma had granted a stay of further proceedings in the case pending the determination of an appeal filed by the Accord Party. Despite that directive, Justice Lifu proceeded to deliver his judgment, an action the appellate court described as a "brazen violation" of the judicial hierarchy and the Constitution, and as "the highest form of judicial impertinence" amounting to "judicial rascality".
During the proceedings, INEC surprised many observers by supporting the application for a stay of execution. The electoral commission told the court that it was stunned by Justice Lifu's decision to deliver the judgment, disclosing that it only learned of the ruling through media reports rather than any official notification. INEC's lead counsel, Mr. Haliru Mohammed, told the panel that the commission was aware of the appellate court's May 22 order restraining the lower court from delivering the judgment. "We were not aware of any notice from the court regarding the delivery of the judgment. 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 judgment," Mohammed submitted.
Reacting to the appellate court's intervention, Atiku Abubakar, who is the ADC's presidential candidate for the 2027 elections, issued a statement on his official social media handle welcoming the decision. "I welcome the Court of Appeal's decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties," Atiku wrote. "It is particularly significant that INEC itself initiated the application for the stay." The former vice president also expressed concern over what he described as conflicting judicial decisions, warning that such developments were eroding public confidence in the judiciary. "The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny," he stated. Atiku further cautioned against using the courts to weaken Nigeria's democratic process, declaring: "Any attempt to undermine Nigeria's hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice."
Counsel for the ADC, Mr. Shuaibu Aruwa, SAN, told the court that Justice Lifu communicated the judgment's delivery to the party via WhatsApp, a disclosure that drew visible reactions from the bench. Aruwa described the lower court's conduct as an invitation to anarchy and urged the appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution to sanction the judge. The other affected parties also drew the panel's attention to the June 20 by-elections scheduled across six states, warning that allowing the judgment to stand would trigger serious electoral and constitutional crises. With Tuesday's appellate court order, the five political parties remain registered pending the outcome of their appeals, and Atiku Abubakar and Osun State Governor Ademola Adeleke, who is seeking re-election on the Accord Party platform, have been granted temporary relief.
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