Nigeria’s democratic foundation faced a seismic shock in the lead-up to the 2027 general elections when a Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to deregister five political parties. The ruling, delivered by Justice Peter Lifu, targeted the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord Party (AP), and Zenith Labour Party (ZLP), claiming they failed to meet constitutional requirements for continued existence.
The judgment landed just a week after these parties concluded their primaries for next year’s elections, creating chaos and threatening off-cycle governorship contests in Ekiti and Osun states. Governor Ademola Adeleke, who recently defected from the Peoples Democratic Party (PDP) to AP, appeared directly impacted. Many observers believe the ruling was a calculated move to undermine ADC’s presidential candidate, Atiku Abubakar.
Legal experts condemned the judgment as a blatant abuse of judicial process. The affected parties had filed an appeal at the Court of Appeal, scheduled for hearing on 20 October. Justice Lifu received notice of this appeal but proceeded regardless, ignoring procedural safeguards. Section 225 (A) of the 1999 Constitution, as amended, allows deregistration only for parties failing to secure 25% of votes in a state during presidential elections, or one local government in a governorship race, or failing to win a ward, legislative seat, or councillorship position.
The plaintiff, the National Forum of Former Legislators (NFFL), raised eyebrows across the nation. Critics questioned the group’s locus standi and motivations. INEC itself maintained the parties did not fall under Section 225 (A) criteria.
In a swift response, the Court of Appeal in Abuja issued a stay of execution, slamming Justice Lifu for what it called “judicial rascality.” The appellate court stated, “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. The decision of the lower court to proceed despite the express order of this court is a brazen violation of the hierarchy of courts and the provisions of the Constitution.” The higher court had issued its first order on 22 May, which Lifu violated.
This misconduct demands more than a reprimand. The National Judicial Council (NJC) must investigate and punish such errant behavior. Unchecked judicial indiscipline breeds anarchy and undermines calls for judicial reform. Multiparty democracy thrives on choice; constricting it threatens the very fabric of democratic governance.
The case echoes a historic battle when legal icon Gani Fawehinmi challenged INEC’s restrictive party guidelines up to the Supreme Court, winning a landmark judgment that expanded democratic space. However, the Fourth Alteration of the 1999 Constitution in 2010 reintroduced these restrictive provisions in Section 225, which many argue are inimical to democratic objectives.
Suspicions of political interference run deep. The Attorney General of the Federation, Lateef Fagbemi, supported the suit, filing a joinder and arguing his duty as constitutional custodian. Additionally, President Bola Tinubu’s Chief of Staff, Femi Gbajabiamila, convened a January meeting where the NFFL endorsed Tinubu as its sole candidate for 2027.
As Nigeria navigates toward the next general elections, all actors must respect the rules and operate within legal bounds. The judiciary must protect its integrity, not become a tool for political manipulation.
