The absence of Justice Peter Lifu of the Federal High Court in Abuja on Friday stalled the scheduled judgment in a suit seeking the deregistration of the African Democratic Congress, Accord Party and three other political parties over alleged constitutional breaches.
Justice Lifu had, on May 20, fixed Friday, June 5, 2026, to deliver judgment in the suit marked FHC/ABJ/CS/2637/2026, filed by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission and some political parties.
The affected parties include the ADC, Action Alliance, Action Peoples Party, Accord Party and Zenith Labour Party.
However, after lawyers and litigants waited for about two hours on Friday, a court official announced that the judge would not sit to deliver the judgment because he was out of Abuja.
The official said a new date for judgment would be communicated to parties when fixed.
The suit is seeking an order deregistering the affected political parties over alleged failure to meet constitutional requirements relating to electoral spread and performance.
At the last sitting, Justice Lifu had fixed judgment after dismissing applications for stay of proceedings and joinder filed by some politicians and parties seeking to be joined in the matter.
Those affected by the ruling on joinder included Ademola Adeleke and Oluwafemi Abayomi Arabambi of the Accord Party, and Sani Yakubu Noma of the ADC.
Justice Lifu held that granting a stay of proceedings at that stage would cause hardship to the litigants, particularly as political parties were already expected to submit names of candidates ahead of upcoming elections.
The judge noted that the Supreme Court had repeatedly warned lower courts against granting unnecessary stay of proceedings.
He further held that since the applicants had already approached the Court of Appeal, the trial court should be allowed to conclude hearing of the matter unless directed otherwise by the appellate court.
“It is my considered view not to grant the stay except otherwise decided by the upper court,” the judge said.
He consequently dismissed the applications, holding that the issues raised by the applicants lacked merit.
On the applications for joinder, the court held that most of the political parties seeking to be represented were already defendants in the suit, making the inclusion of individual members unnecessary.
The court also heard arguments on an application filed by counsel to the APP, Peter Abang, seeking dismissal of the suit on the ground that the issues raised had already been argued before the Court of Appeal.
In a brief ruling, Justice Lifu said the court would consider the decision of the Court of Appeal as it relates to the matter, alongside issues raised by parties, before delivering judgment.
He thereafter directed parties to amend and adopt their final processes in line with the accelerated hearing earlier ordered by the court.
During adoption of final processes, counsel to the plaintiff, Yakubu Abdullahi Ruba, SAN, argued that the affected parties failed to satisfy constitutional requirements on electoral spread and performance.
Ruba, who represented the Incorporated Trustees of the National Forum of Former Legislators, relied on Supreme Court authorities and contended that political parties were required to secure at least 25 per cent of votes in prescribed elections to retain relevance under the law.
He urged the court to order the deregistration of the parties, insisting that none of the defendants had successfully countered the argument.
Representing the Attorney General of the Federation, Abdullahi Abdulrahman told the court that the AGF had constitutional powers to defend and support actions aimed at ensuring compliance with the Constitution.
He urged the court to determine whether the political parties listed as 3rd to 7th defendants had breached constitutional provisions.
Counsel for the affected parties, however, urged the court to dismiss the suit with substantial costs.
At a previous sitting, defence counsel, including Musibau Adetunbi, SAN, for Accord Party, and Shuaib Enejo Aruwa, SAN, for ADC, had urged the court to suspend proceedings pending the determination of appeals before the Court of Appeal.
They argued that continuing with the hearing while interlocutory appeals were pending could prejudice issues already before the appellate court.
The plaintiff opposed the request, maintaining that there was no order from either the Court of Appeal or the Supreme Court restraining the Federal High Court from proceeding with the case.
INEC’s counsel, Haliru Mohammed, also informed the court that the commission had filed a counter-affidavit to the substantive suit.
With Friday’s development, parties are now awaiting a fresh date for the judgment.
The post “Judgment Stalled” — Justice Lifu’s Absence Delays Suit Seeking Deregistration Of ADC, Accord, Three Other Parties appeared first on TheNigeriaLawyer.
More details here...
