Accord Party cries foul as Appeal Court hears deregistration row

From Godwin Tsa, Abuja

The Accord Party has told the Court of Appeal that Justice Peter Lifu of the Federal High Court committed a direct affront to the administration of justice and grossly violated Section 287(2) of the 1999 Constitution (as amended) when he delivered judgment ordering the deregistration of five political parties despite a subsisting appellate court order restraining him from doing so.

The National Forum of Former Legislators (NFFL) has, however, opposed the affected parties’ bid to stay the execution of the judgment by the Independent National Electoral Commission (INEC).

Justice Lifu had on Monday ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Action Alliance (AA), Accord Party, Zenith Labour Party (ZLP) and Action Peoples Party (APP) for failing to produce any elected official at the last general election, in alleged breach of Section 225A of the 1999 Constitution.

But at proceedings before the Court of Appeal on Tuesday, counsel to the Accord Party, Musibau Adetunbi (SAN), drew the attention of the justices to what he described as a brazen disregard of a 22 May order made by a three-member appellate panel comprising Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi.

That order had directed the lower court to stay further proceedings pending the resolution of an appeal filed by the Accord Party against the court’s 20 May refusal to halt proceedings on APP’s motion.

Adetunbi told the appellate court that all necessary processes, including an affidavit of facts, were filed by 26 May, only for the parties to receive a notice on Monday that Justice Lifu was about to deliver judgment.

“Myself and counsel to the 4th and 6th respondents drew his lordship’s attention to your lordships’ order. His lordship ignored your lordships’ order and proceeded to deliver judgment,” the senior advocate said.

“My noble lords, in over 25 years of practice, I have never seen such a direct affront to the administration of justice. The judgment was delivered in clear violation of your lordships’ order and a gross violation of Section 287(2) of the Nigerian Constitution, which his lordship swore to uphold.”

Counsel to the Independent National Electoral Commission (INEC), I. S. Mohammed, told the court that the commission was unaware of what transpired at the lower court on Monday and was not opposed to any of the positions canvassed by either side.

Counsel to the Attorney-General of the Federation, Prof. J. O. Oladoke, adopted a similar stance.

All counsel representing the affected political parties urged the appellate court to invoke its disciplinary jurisdiction against the lower court.

Taking a contrary position, counsel to the National Forum of Former Legislators (NFFL), Yakubu Ruba (SAN), contended that he was never served with the notice of appeal that gave rise to the 22 May stay order, having only learnt of it through a colleague, Gbenga Makanjuola.

He urged the panel, presided over by Justice A. B. Mohammed, to vacate the stay order for want of fair hearing.

While indicating readiness to respond to the interlocutory appeal, Ruba submitted that the 22 May 2026 order had been overtaken by events, given that the lower court had since delivered its judgment.

Key entities mentioned include the Independent National Electoral Commission (INEC), the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), and the Court of Appeal.