Party deregistration and 2027 election

The recent ruling by Justice Peter Lifu of the Federal High Court, Abuja, which ordered the Independent National Electoral Commission (INEC) to deregister five political parties, despite subsisting order of the Court of Appeal, calls for concern as we march towards the 2027 polls.

Surprisingly, this deregistration order came when the parties have done their primary elections and selected candidates for elections, including the off-cycle polls in Ekiti and Osun states. One of the affected parties, the African Democratic Congress (ADC), has former Vice-President Atiku Abubakar as its presidential candidate in the 2027 election. Another one, the Accord Party (AP), has Gbenga Olawepo-Hashim as its presidential candidate. Governor Ademola Adeleke of Osun State is billed to contest the August 15 governorship election in the state on the platform of the AP. Other parties affected by the deregistration order are Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).

Justice Lifu held that the parties breached Section 225 of the Nigerian constitution. This section gives INEC the power to deregister political parties that did not obtain 25 per cent of votes in one of the states of the federation in the previous presidential election; or one local government of a state in a governorship election; or one ward in a chairmanship election; or one seat in a national or state House of Assembly election; or one seat in a councillorship election.

The plaintiffs in the suit, the Incorporated Trustees of the National Forum of Former Legislators (NFFL), relied on this Section 225(a) of the 1999 Constitution (as amended) and provisions of the Electoral Act to argue that the parties did not meet the electoral performance thresholds for continued existence as registered parties. They also sought an order compelling INEC to remove the parties from its register.

The question is, in whose interest is the NFFL fighting this strange cause? In January, this same group reportedly attended a meeting convened by the Chief of Staff to the President, Femi Gbajabiamila, where they endorsed President Bola Tinubu for the 2027 presidential election.

Curiously, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, had filed a suit in a joinder, saying as the custodian and protector of the Nigerian constitution, he was bound to support the NFFL’s action.

The political parties had, on May 11, asked the Court to suspend proceedings pending the outcome of an appeal on the same matter before the Court of Appeal. The Court of Appeal, Abuja division, had, on May 22, ordered Justice Lifu to stay action on the matter until the hearing and determination of the appeal before it, scheduled for October 2026. But Lifu ignominiously ignored this order.

However, respite came the way of the parties when the Court of Appeal issued a stay of execution of Lifu’s order and blasted the judge for disregarding the court’s hierarchy. Noting that courts were enjoined to protect their integrity, it said the Court of Appeal 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 Court of Appeal stated.

As expected, Lifu’s action has been condemned by many individuals and groups. Atiku described it as the height of judicial rascality and the biggest manifestation of President Bola Tinubu’s alleged bid to undermine the opposition and entrench a de facto one-party state. He added that the judgment “strikes at the very foundation of legal certainty and constitutional governance. If court orders can be treated as optional whenever they become inconvenient to those in power, then the rule of law itself is in grave danger.”

The ADC National Chairman, David Mark, said the ruling was “an arrow fired at the hearts of Nigeria’s democracy.” The presidential candidate of the Nigeria Democratic Congress (NDC), Peter Obi, warned against politicising democratic institutions. 

The Executive Director of Yiaga Africa, Samson Itodo, said any action that could alter the political landscape close to a general election must be approached with utmost caution and sensitivity so as not to jeopardise electoral integrity and public confidence in the democratic process. 

The judiciary as an important arm of government should wake up and protect Nigeria’s wobbling multiparty democracy. The NJC should wield the big stick against erring judges who indulge in giving contradictory rulings. The era of forum shopping should be over.

The Nigerian Bar Association (NBA) leadership should speak out now. Our democracy is under threat. Judges should not contribute to the death of the nascent democracy. They should protect it and stop giving judgments that are capable of setting Nigeria on fire.

Certain judgments at this point in time can plunge the country into uncontrollable violence and anarchy. With rising insecurity and kidnapping across the country, the judiciary should not add fuel to the already tensed situation through needless and questionable rulings. At all times, we must encourage multiparty democracy as against the plot to surreptitiously impose a one-party state in the country.