Court rejects bid to halt suit seeking deregistration of ADC, Accord, others

Court rejects bid to halt suit seeking deregistration of ADC, Accord, others

A Federal High Court in Abuja on Monday rejected an application seeking to halt proceedings in a suit seeking the deregistration of the African Democratic Congress (ADC), Accord Party (AP), Zenith Labour Party (ZLP) and Action Alliance Party (AAP) over alleged constitutional breaches.

Justice Peter Lifu declined the request by counsel to the 6th defendant, Musibau Adetunbi, SAN, to stay proceedings pending the determination of appeals filed before the Court of Appeal, holding that the matter had earlier been placed on accelerated hearing owing to its urgency and public importance.

The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators through its counsel, Yakubu Abdullahi Ruba, SAN, against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation (AGF), and several political parties accused of failing to meet constitutional requirements for continued recognition.

At Monday’s proceedings, Ruba SAN opposed efforts by the defendants to suspend hearing in the matter, arguing that the pending appeals were interlocutory in nature and did not prevent the trial court from proceeding.

However, Adetunbi urged the court to stay proceedings, contending that applications relating to the matter had already been lodged before the appellate court.

He argued that settled Supreme Court authorities barred a lower court from entertaining issues already placed before a higher court.

Counsel to the 3rd defendant, S.E. Aruwa, aligned with the submission, maintained that the Court of Appeal was already seized of the matter and could deliver its decision within days.

Counsel to the 4th defendant, Peter Abang, also urged the court to suspend further hearing, arguing that jurisdictional issues earlier raised by his client remained unresolved.

Other defence lawyers, including counsel to the 5th and 7th defendants, equally backed the application for stay of proceedings, insisting that continuing with the case could prejudice pending appellate processes.

Representing INEC, counsel to the 1st defendant, Haliru Mohammed, informed the court that the electoral body had already filed a counter-affidavit to the substantive originating summons and would abide by the position of the law.

Counsel to the Attorney-General of the Federation, O.A. Abdulraheem, however, took no definite position on the issue.

In response, Ruba SAN cited a 1989 Supreme Court decision, arguing that there was no subsisting order restraining the Federal High Court from continuing with proceedings.

The proceedings also featured arguments over applications by several politicians seeking to be joined in the suit as defendants.

Counsel to Hon. Sani Yakubu Noma, M.E. Sherriff, urged the court to join his client as the 8th defendant, arguing that the serving member of the House of Representatives would be directly affected if the ADC was eventually deregistered.

Sherriff maintained that his client risked losing his political platform should the plaintiff succeed in the suit.

Another applicant, Abayomi Oluwafemi, sought to be joined as the 9th defendant on the grounds that he intended to contest the Ogun State governorship election on the platform of the ADC.

Counsel argued that the outcome of the case would substantially affect his client’s political ambition.

The 6th defendant also moved separate applications seeking the joinder of two Accord Party governorship candidates in Osun and Ekiti states as the 10th and 11th defendants.

But the plaintiff opposed all the applications, arguing that none of the applicants were necessary parties in the suit.

Ruba SAN further contended that one of the applicants had admitted in an affidavit that he belonged to the Labour Party, which is not a defendant in the case.

He urged the court to dismiss the applications and award N50 million costs against the applicants.

Defence counsel, however, argued that under Section 36 of the 1999 Constitution, parties likely to be adversely affected by the outcome of a suit were entitled to fair hearing.

After listening to arguments from all parties, Justice Lifu adjourned the matter until May 18, 2026, for further proceedings.

In the substantive suit, the plaintiff is seeking orders compelling INEC to deregister the affected political parties for allegedly failing to satisfy constitutional thresholds required for continued existence.

The National Forum of Former Legislators alleged that the parties had consistently failed to win elective positions or secure the constitutional spread required since their registration.

According to the group, the parties have failed to produce elected officials at the presidential, governorship, National Assembly, state assembly and local government levels.

The forum further accused INEC of unlawfully continuing to recognise the parties despite their alleged poor electoral performance.

It warned that allowing such parties to participate in the 2027 general elections would overcrowd ballot papers, waste public resources and undermine electoral integrity.

Justice Lifu had earlier ordered accelerated hearing in the matter, citing the approaching political timetable ahead of the 2027 general elections and the need for timely judicial determination.

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