NEWS
Federal High Court Judge’s Absence Stalls Judgment on Suit Seeking Deregistration of ADC, Accord Party, Others
The absence of Justice Peter Lifu of the Abuja Federal High Court on Friday stalled the long-awaited judgment in a suit seeking the deregistration of the African Democratic Congress, Accord Party and three other political parties over alleged constitutional breaches.
The judge had earlier, on May 20, fixed Friday, June 5, 2026, for judgment in the suit marked FHC/ABJ/CS/2637/2026, filed by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission and several political parties, including the African Democratic Congress, Action Alliance, Action Peoples Party, Accord Party and the Zenith Labour Party.
However, on Friday, after about two hours of anxious waiting by lawyers and litigants, a court official announced that the judge would not be sitting to deliver judgment, as he was reportedly out of Abuja.
The official further stated that a new date for judgment delivery would be communicated to all parties once it is scheduled.
Justice Lifu had fixed the judgment date last month after dismissing applications for stay of proceedings and joinder filed by some politicians and parties seeking to be joined in the suit.
Those affected by the joinder ruling include Ademola Adeleke and Oluwafemi Abayomi Arabambi of the Accord Party, and Sani Yakubu Noma of the African Democratic Congress.
In his ruling, Justice Lifu held that granting a stay of proceedings at that stage would cause hardship to litigants, particularly as political parties were expected to submit candidates ahead of upcoming elections.
He also noted that the Supreme Court had repeatedly cautioned lower courts against granting undue stay of proceedings.
The judge further held that since the applicants had already approached the Court of Appeal, the trial court should be allowed to conclude the matter unless otherwise directed by the appellate court.
“It is my considered view not to grant the stay except otherwise decided by the upper court,” the judge said, adding that all issues raised by the applicants lacked merit and were accordingly dismissed.
On the applications for joinder, the court held that most of the political parties seeking representation were already defendants in the suit, making individual inclusion unnecessary. The applications by the 8th, 9th, 10th, and 11th defendants were therefore dismissed.
The court also considered an application by counsel to the Action Peoples Party, Peter Abang, seeking dismissal of the suit on the grounds that similar issues were already before the appellate court.
In a brief ruling, Justice Lifu stated that the court would consider the decision of the Court of Appeal alongside issues raised by parties before delivering judgment. He subsequently directed parties to amend and adopt their final processes in line with the accelerated hearing earlier ordered by the court.
During adoption of final written addresses, counsel to the plaintiff, Yakubu Abdullahi Ruba, SAN, representing the Incorporated Trustees of the National Forum of Former Legislators, argued that the affected political parties failed to meet constitutional requirements relating to electoral spread and performance.
Ruba cited Supreme Court authorities, insisting that political parties must secure at least 25 per cent of votes in prescribed elections to retain relevance under the law.
He urged the court to order the deregistration of the parties, maintaining that none of the defendants successfully countered the argument.
Representing the Attorney General of the Federation, Abdullahi Abdulrahman, told the court that the AGF has constitutional powers to defend and support actions aimed at ensuring compliance with the constitution.
He urged the court to determine whether the listed political parties had breached constitutional provisions.
Counsel for the 3rd to 7th defendants all urged the court to dismiss the suit with substantial costs.
At the previous sitting, defence counsel led by Musibau Adetunbi, SAN for Accord Party, Shuaib Enejo Aruwa, SAN for the African Democratic Congress, and others had asked the court to suspend proceedings pending the determination of appeals at the Court of Appeal.
They argued that continuing the hearing while interlocutory appeals were pending could prejudice issues already before the appellate court.
However, the plaintiff opposed the application, insisting that no order from either the Court of Appeal or the Supreme Court restrained the Federal High Court from proceeding with the matter.
Counsel to the Independent National Electoral Commission, Haliru Mohammed, informed the court that the commission had already filed a counter-affidavit to the substantive suit.