The Court of Appeal, Abuja, has deferred until July 7, the hearing of substantive appeals seeking to set aside the judgment that ordered the Independent National Electoral Commission to deregister the African Democratic Congress (ADC) and four other political parties.
A three-member panel of the appellate court, led by Justice Abba Mohammed, agreed to a full-blown hearing of the appeals after house-keeping proceedings that enabled parties in the matter to identify and regularise all the processes they filed in the matter.
Aside from the ADC, the other parties seeking the nullification of the Federal High Court judgment are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court panel held that all the appeals would be heard on the scheduled date.
The court had on June 16 ordered the stay of execution of the high court judgment, even as it slammed the trial judge for disrespecting the judicial hierarchy.
The panel berated Justice Peter Lifu of the Federal High Court in Abuja for disobeying an order it made on May 22, which directed him to stay proceedings in the case pending the outcome of an appeal by the parties.
According to the appellate court, even though the trial judge’s attention was drawn to the order for stay of proceedings, he intentionally flouted it and went ahead to deliver the judgment.
It held that Justice Lifu’s action was “a form of judicial impertinence,” stressing that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality”.
The high court had directed INEC to deregister the five political parties it said failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.
It also barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.
Justice Lifu ordered the defendants to stop parading themselves as registered political parties in the country, saying he found merit in a suit that was filed against them by the National Forum of Former Legislators (NFFL).
The NFFL had, in the suit, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.
It was the position of the plaintiffs that the five political parties listed as defendants had persistently failed to meet the constitutional benchmarks required to retain their registration.
The former legislators stressed that the requirements included winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.
They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and the by-elections conducted by INEC, thereby failing to win seats across key tiers of government.
However, dissatisfied with the trial court’s verdict, all the defendants, including INEC, urged the appellate court to set it aside.
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