The Court of Appeal in Abuja has suspended the implementation of a Federal High Court judgment that ordered the deregistration of five political parties, allowing them to remain on the register of political parties pending the determination of appeals challenging the ruling.
The decision was delivered by a three-member panel of the appellate court led by Justice A.B. Mohammed, which granted a stay of execution against the judgment and restrained the Independent National Electoral Commission (INEC) from taking any steps to enforce it.
The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
In its ruling, the Court of Appeal faulted the actions of the trial court, noting that the judgment was delivered despite an earlier order directing that proceedings in the matter should not continue pending the resolution of issues before the appellate court.
The panel held that lower courts are required to comply with orders issued by superior courts and warned that failure to do so could undermine confidence in the judicial system.
During the proceedings, counsel to INEC, Haliru Mohammed, informed the court that the electoral commission was unaware the judgment had been delivered until reports emerged in the media. He stated that the commission had not been formally served with the decision and therefore did not oppose the application seeking to halt its enforcement.
INEC also indicated support for the appeals filed by the affected political parties.
Counsel to the ADC, Shuaibu Aruwa (SAN), told the court that the party was notified of the judgment through a WhatsApp message, a development that reportedly drew concern from members of the appellate panel.
He argued that the circumstances surrounding the delivery and communication of the judgment raised questions that could affect public confidence in the administration of justice.
Lawyers representing the affected parties further contended that enforcing the deregistration order could disrupt preparations for upcoming by-elections scheduled to take place in several states.
The Federal High Court had earlier ruled that the five parties failed to meet constitutional and statutory requirements for continued registration and directed INEC to remove them from its register.
However, the Court of Appeal’s latest decision means the parties will continue to operate legally, participate in political activities and remain eligible for electoral contests until the appeals against the judgment are fully heard and determined.
