Judge’s absence delays ruling on suit to deregister ADC, Accord, and three other parties

Alex Enumah in Abuja

Justice Peter Lifu of the Federal High Court in Abuja was absent yesterday, preventing the delivery of a judgment in a case that seeks to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA) and the Zenith Labour Party (ZLP) on the grounds of alleged constitutional violations.

Justice Lifu had adjourned the case on 20 May to 5 June to decide whether these parties, which have not won any seats in previous elections, may participate in future national elections.

At the scheduled hearing, all litigants, lawyers and journalists were present. After nearly two hours, a court registrar announced that the judge was engaged in other official duties outside Abuja and that the hearing could not proceed as planned.

The registrar added that a new date for the judgment would be communicated to the parties once it is set.

Justice Lifu had set the judgment for 5 June after taking arguments from all parties involved in the deregistration suit. He had also dismissed a motion for a stay of proceedings and several applications to join the case as interested parties.

The court rejected the stay on the basis that granting it at this stage would create hardship for the litigants, particularly as political parties are expected to submit candidate lists before the upcoming elections.

Justice Lifu noted that the Supreme Court has repeatedly warned lower courts against granting undue stays. He added that since the applicants had already approached the Court of Appeal, the trial court should be allowed to conclude its hearing unless directed otherwise 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.

Regarding the joinder applications, Lifu explained that most of the parties seeking to be represented were already defendants in the suit, making the inclusion of individual members unnecessary. He dismissed the applications to join the suit by the 8th, 9th, 10th and 11th defendants.

The applicants included incumbent governor of Osun State, Senator Ademola Adeleke, Ekiti State governorship candidate Oluwafemi Abayomi Adebambi of the Accord Party, and Hon Sani Yakubu Noma of the ADC.

The court also heard an application from counsel for the APP, Peter Abang, who sought dismissal of the suit on the basis that the issues had already been argued before the appellate court.

In a brief ruling, Justice Lifu said the court would consider the Court of Appeal’s decision on this matter alongside the issues raised by the parties before delivering the judgment. He directed the parties to amend and adopt their final processes in line with the accelerated hearing earlier ordered by the court.

The suit, numbered FHC/ABJ/CS/2637/2026, was brought by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission (INEC) and the political parties ADC, Action Alliance, APP, Accord Party and Zenith Labour Party.