Court Ruling on Political Parties Raises Concerns

Nigeria’s democracy faced another shock as we approach the 2027 general elections. A Federal High Court in Abuja ruled that the Independent National Electoral Commission must deregister five political parties. These parties supposedly did not meet the rules needed to continue operating.

Justice Peter Lifu delivered the judgment against the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord Party (AP), and Zenith Labour Party (ZLP). This decision came just a week after these parties finished their primaries to choose their candidates for next year’s elections.

This ruling caused confusion about how it would affect the parties in the upcoming governorship elections in Ekiti State last Saturday and Osun State on 15 August. Governor Ademola Adeleke, who is from the Accord Party, recently switched from the Peoples Democratic Party (PDP). ADC’s presidential candidate, Atiku Abubakar, seems to be the main target of this controversial judgment.

The judgment appears to break judicial rules, showing abuse of the court process. The parties involved had already appealed the ruling at the Court of Appeal, with a hearing set for 20 October. Justice Lifu was informed about this appeal by the defendant’s lawyer, but he still went ahead with the judgment.

According to Section 225 (A) of the 1999 Constitution, parties can only be deregistered if they fail to achieve certain results in elections. This includes getting 25 percent of votes in a presidential election in one state or winning at least one seat in various elections.

Interestingly, the plaintiff in this case is the National Forum of Former Legislators (NFFL). Many Nigerians are questioning why this group had the right to file such a case and who they are representing. INEC has consistently believed that the political parties do not fit the categories mentioned in Section 225 (A).

On a positive note, the Court of Appeal in Abuja has put a hold on this troubling judgment. This followed a quick appeal by INEC and the five parties involved on Tuesday. Many Nigerians do not support the attempt to limit the political space that this case represents. The members of the NFFL should be seen as meddling in affairs that do not concern them, and their actions should be checked for the good of our democracy.

The Court of Appeal criticized Justice Lifu for his actions. It 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 with the judgment 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 was ignored.

The criticism of Mr Lifu’s judgment should not stop with the Court of Appeal's reprimand. PREMIUM TIMES believes that his actions should be sent to the National Judicial Council (NJC) for punishment. If misconduct like this goes unpunished, it encourages more indiscipline and chaos in the judiciary. These abuses have persisted for years, and the offenders have only faced minor consequences. This does not help the call for a better judiciary.

Having many political parties is essential for democracy. Any effort to limit or eliminate them restricts electoral choices and threatens democracy. The country has faced this anti-democratic trend before. The late legal figure, Gani Fawehinmi, challenged INEC’s restrictive guidelines for political parties affecting his National Conscience Party (NCP) up to the Supreme Court. Gani won a key judgment that expanded democracy.

In 2010, during the Fourth Alteration of the 1999 Constitution, this issue came back when it was included in Section 225. In our view, these rules do not support democracy. They actually harm it. We call on the apex court to declare them invalid.

There are strong reasons to believe that NFF’s questionable lawsuit has the support of those in power. The Attorney General of the Federation (AGF), Lateef Fagbemi, is one such supporter. He filed a notice in a Federal High Court in Abuja related to this case. He claimed that as the "custodian and protector of the Constitution of the Federal Republic of Nigeria," he had to back the action to enforce constitutional provisions.

Also, Femi Gbajabiamila, the Chief of Staff to President Bola Tinubu and a former Speaker of the House of Representatives, held a meeting with the NFFL earlier this year. During that meeting, the group endorsed Mr Tinubu as their sole candidate for the 2027 presidential election.

We urge everyone involved in Nigeria’s upcoming elections to respect the rules and act within the law.