Nigerian Appeal Court Stays Order Deregistering Five Political Parties, Rebukes Trial Judge

The Court of Appeal in Abuja on Tuesday stayed the execution of a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties, while criticizing the trial judge for proceeding with the case despite an earlier appellate court order suspending proceedings.

A three-member panel of the appellate court, led by Justice A.B. Mohammed, held that Justice Peter Lifu of the Federal High Court acted in disregard of a subsisting order issued on May 22, which directed him to halt further proceedings pending the determination of an appeal.

The appellate court described the judge’s action as a violation of the judicial hierarchy and constitutional provisions governing the administration of justice.

“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of courts and the 1999 Constitution,” the court held.

The panel said the lower court’s conduct amounted to “the highest form of judicial impertinence,” noting that the Supreme Court had previously characterized such conduct as judicial rascality.

The appellate court subsequently granted an application for a stay of execution, suspending enforcement of the Federal High Court judgment.

Justice Lifu had ordered INEC to deregister five political parties — the Boot Party (BP), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) — on the grounds that they failed to satisfy constitutional requirements for continued registration and participation in elections.

The judgment also barred INEC from recognizing the parties, accepting their candidates’ nominations, or allowing them to participate in future elections, including the 2027 general elections.

In addition, the Federal High Court ordered the affected parties to cease presenting themselves as registered political parties.

However, the Court of Appeal noted that proceedings before the Federal High Court had already been stayed by an order issued on May 22, 2026, pending the hearing and determination of an appeal filed by the Accord Party.

The earlier appellate order, issued in Appeal No. CA/ABJ/CV/569/2026 and signed by Deputy Registrar Josephine Ekperobe, granted a motion seeking to halt proceedings in Suit No. FHC/ABJ/CS/2637/2025 until the appeal is resolved.

Despite that order, Justice Lifu proceeded to deliver judgment directing INEC to deregister the five parties and exclude them from future electoral activities.

The appeal has been adjourned until Oct. 27, 2026, for hearing.

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