A fresh legal controversy has trailed the judgment of the Federal High Court in Abuja ordering the Independent National Electoral Commission to deregister five political parties, following claims that the judgment was delivered despite a subsisting stay of proceedings obtained by the Accord Party at the Court of Appeal.
The affected parties are the African Democratic Congress, Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party.
Justice Peter Lifu of the Federal High Court reportedly delivered the judgment on June 15, 2026, in the suit filed by the Incorporated Trustees of the National Forum of Former Legislators, directing INEC to deregister the political parties over their alleged failure to meet constitutional performance requirements.
The suit, marked FHC/ABJ/CS/2637/2025, was instituted in late 2025. The plaintiff asked the court to determine whether INEC was constitutionally bound to deregister parties that failed to meet the electoral performance threshold prescribed by law.
The forum argued that the affected parties failed to secure the required percentage of votes in relevant elections and did not win elective seats sufficient to justify their continued registration under the Constitution.
The plaintiffs maintained that allowing the parties to remain on INEC’s register would undermine electoral integrity and clutter the political space ahead of future elections.
However, while the suit was pending before the Federal High Court, the Accord Party approached the Court of Appeal in Abuja and obtained a stay of proceedings.
The appeal, marked CA/ABJ/CV/569/2026, was filed by the Accord Party through its lead counsel, Musibau Adetunbi, SAN.
The Court of Appeal reportedly granted the stay after exercising its discretion under Order 4 Rules 10 and 11 of the Court of Appeal Rules, relying on a similar matter, Appeal No. CA/ABJ/CV/444/2026, Barr. Maxwell Mgbudem v. Accord, as precedent.
The appellate order was said to have halted further proceedings in the Federal High Court case, particularly as it affected the Accord Party and other parties joined in the deregistration suit.
Following the stay order, the Federal High Court, which had earlier fixed judgment for June 5, 2026, did not deliver judgment on that date.
At the commencement of sitting on June 5, the court registrar reportedly informed parties that judgment had been postponed and that a fresh date would be communicated.
The adjournment followed the Court of Appeal’s intervention in favour of the Accord Party.
“Despite Court Of Appeal Stay Order Secured By Accord Party
Reacting at the time, Chairman of the Board of Trustees of the National Forum of Former Legislators, Raphael Igbokwe, expressed disappointment over the appellate court’s decision to stay proceedings.
He said the forum had already challenged the Court of Appeal’s order by filing an appeal at the Supreme Court.
“We are concerned that a matter which had reached the stage of judgment has now been stalled through a stay of proceedings,” Igbokwe said.
“In practical terms, it amounts to an arrest of judgment. Nevertheless, we remain committed to pursuing all lawful avenues to ensure that the issues raised in this case are resolved in the interest of strengthening Nigeria’s democracy and advancing constitutional and electoral jurisprudence.”
Despite the reported stay order and the earlier postponement of judgment, Justice Lifu later proceeded to deliver judgment on June 15, 2026, ordering INEC to deregister the ADC, Accord Party, AA, APP and ZLP.
The decision has now raised questions over whether the Federal High Court could lawfully proceed to deliver judgment after the Court of Appeal had stayed proceedings in the matter.
Lawyers say the development may trigger further appellate proceedings, including possible applications before the Court of Appeal and the Supreme Court, to determine the effect of the stay order and the validity of the Federal High Court judgment.
The controversy also has major political implications ahead of upcoming elections.
The Accord Party had sought the Court of Appeal’s protection to preserve its right to field candidates in future elections. The judgment could also affect the political plans of candidates and opposition alliances linked to the affected parties ahead of the 2027 general elections.
The dispute is expected to raise wider legal questions about judicial hierarchy, obedience to appellate court orders, the timing of political party deregistration, and the powers of INEC under the Constitution.
If the judgment stands, INEC would be required to remove the affected parties from its register and stop recognising them for electoral purposes.
However, if appellate courts set aside the judgment on the ground that proceedings had been stayed, the affected parties may retain their registration pending the final determination of the matter.
The judgment may have far-reaching political consequences for candidates seeking to contest the 2027 general elections on the platforms of the affected parties.
Former Vice President Atiku Abubakar, who has been linked with the ADC ahead of the 2027 presidential election, may be affected if the judgment is not set aside on appeal.
Similarly, Osun State Governor, Ademola Adeleke, who is expected to seek re-election in the August 15 governorship election on the platform of the Accord Party, may also face a major setback, as the order, if enforced, could effectively remove the party from the race.
The post “Despite Court Of Appeal Stay Order Secured By Accord Party” — Justice Lifu Orders INEC To Deregister ADC, Accord, AA, APP, ZLP appeared first on TheNigeriaLawyer.
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