Former Vice President Atiku Abubakar has welcomed a Court of Appeal order staying the execution of a controversial Federal High Court judgment that sought to deregister five political parties, including the Action Democratic Congress (ADC), which he represents as presidential candidate. The appellate court’s intervention on Tuesday came just a day after the lower court ordered the removal of ADC, Accord, Action Alliance, Action Peoples Party, and Zenith Labour Party from the electoral register, potentially upending Nigeria’s political landscape ahead of next year’s presidential election.
In a statement posted on his verified social media account shortly after the ruling, Atiku described the intervention as particularly significant because the Independent National Electoral Commission itself initiated the application for a stay of execution. INEC, which had opposed the original suit during trial proceedings, approached the appellate court citing an earlier order that had halted proceedings before the Federal High Court pending the determination of an appeal. The electoral commission’s reversal underscores the complexity and potential constitutional implications of the case, which has thrust Nigeria’s judiciary into the spotlight at a politically sensitive moment.
Atiku expressed deep concern about what he characterized as conflicting judicial decisions and politically charged rulings that have placed the judiciary under intense public scrutiny. The former vice president echoed comments by ADC national chairperson David Mark, warning that recent developments have raised questions about the independence and integrity of the country’s courts. Any attempt to undermine Nigeria’s democracy through judicial manipulation represents a grave danger to the Republic, he argued, while maintaining that the judiciary still has an opportunity to stand firmly on the side of the Constitution, the rule of law, and the Nigerian people.
The original judgment by Federal High Court Justice Peter Lifu ordered INEC to deregister the five parties on grounds that they allegedly fell short of constitutional performance thresholds in previous election cycles necessary to maintain their registration status. Justice Lifu’s ruling followed a suit filed by the National Forum of Former Legislators, which argued that the parties no longer met requirements under Section 225 of the Nigerian Constitution. The plaintiff requested that the court compel INEC to remove them from its register and stop accepting nominations from them for future elections, a request the trial judge granted in full.
However, the Court of Appeal suspended execution of the verdict on grounds that Justice Lifu delivered it in violation of an earlier appellate court order staying proceedings in the matter. Legal experts have noted that the trial judge’s decision to proceed despite the existence of a stay order raises serious procedural questions that could ultimately invalidate the entire judgment. If the deregistration order had been implemented without judicial intervention, it would have effectively knocked Atiku out of next year’s presidential race and eliminated several smaller parties that provide alternative platforms for Nigerian voters disenchanted with the dominant political parties.
The case now moves forward on appeal, with oral arguments expected in the coming months as Nigeria’s electoral calendar ticks c to the 2027 general elections. Political analysts suggest the outcome will have far reaching implications not only for the affected parties but for the broader health of Nigeria’s democratic institutions. Whether the judiciary can navigate these politically fraught waters while maintaining public confidence in its independence and impartiality remains an open question, one that will likely shape the country’s democratic trajectory for years to come. INEC has indicated it will abide by whatever final determination the courts reach, though the commission’s shifting position throughout the litigation has itself become a subject of political debate.
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