Nigerian court orders deregistration of five opposition parties amid judicial chaos

Millions of Nigerian voters face potential disenfranchisement if opposition parties are removed from electoral participation, undermining democratic choice.
An arrow fired at the heart of Nigeria's democracy
David Mark, ADC National Chairman, describing the Federal High Court's deregistration ruling and its threat to democratic competition.

In Abuja, a Federal High Court has ordered the removal of five opposition parties from Nigeria's electoral register, citing their failure to meet constitutional performance thresholds — yet the ruling was delivered in apparent defiance of a Court of Appeal order that had explicitly suspended those very proceedings. The decision places prominent figures like former Vice President Atiku Abubakar and Osun Governor Ademola Adeleke at risk of losing their political platforms ahead of the 2027 elections. At its core, this moment is less about electoral technicalities than about whether the institutions entrusted to safeguard democratic participation can themselves be trusted — a question whose answer will echo far beyond any single election cycle.

  • A Federal High Court ordered the deregistration of five opposition parties despite a Court of Appeal stay order explicitly suspending those proceedings, creating a direct collision between judicial tiers.
  • Former Vice President Atiku Abubakar and Osun Governor Adeleke now face the prospect of losing their party platforms entirely ahead of the 2027 presidential and August governorship elections.
  • The African Democratic Congress, backed by former Senate President David Mark, alleges the ruling is a coordinated government effort to dismantle opposition and shrink democratic space before 2027.
  • INEC itself had opposed the deregistration suit in court, arguing the ADC had met constitutional requirements — making the judgment an outlier even within the government's own institutional positions.
  • Multiple appellate challenges are now in motion, with the Court of Appeal set to hear arguments in October 2026, and the ADC preparing a formal misconduct petition against the trial judge.
  • Peter Obi and other voices outside the affected parties warn that the politicization of judicial institutions is eroding investor confidence and the foundational trust on which democratic governance depends.

On Tuesday, a Federal High Court in Abuja ordered the deregistration of five opposition parties — the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party — after finding they had failed to meet constitutional electoral performance thresholds. The suit, brought by the National Forum of Former Legislators, argued that none of the five parties had won a single elective seat or secured 25 percent of votes in any state during the 2023 elections. Justice Peter Lifu agreed and directed INEC to implement the deregistration immediately.

The ruling, however, arrived under a legal cloud. The Court of Appeal had issued a stay of proceedings on May 22, 2026, following an application by Accord Party, and had scheduled the appeal for hearing in October. That order explicitly suspended proceedings at the Federal High Court pending the appeal's outcome. Justice Lifu's decision to proceed regardless has drawn accusations of judicial overreach and raised urgent questions about the integrity of Nigeria's court hierarchy.

The political fallout was swift. Atiku Abubakar, the ADC's presidential candidate and former Vice President, now risks having no party platform for 2027. Osun Governor Ademola Adeleke, whose Accord Party underpins his political standing, faces a compounding crisis ahead of the state's August 15 governorship election. Both men rejected the ruling and pledged to pursue every available legal remedy. The ADC, led by former Senate President David Mark, called the judgment an attack on Nigerian democracy and alleged it reflected a deliberate effort by the ruling party to weaken opposition ahead of the next election cycle — a charge made more striking by the fact that INEC itself had argued in court against the deregistration.

Not every affected party responded with alarm. The Action Peoples Party's Ikenga Ugochinyere argued that prior rulings from the Court of Appeal and Supreme Court had already affirmed his party's registration, and that those higher court decisions remained binding regardless of Tuesday's order. Meanwhile, Peter Obi cautioned that the broader pattern of institutional politicization — recalling the removal of former Chief Justice Onnoghen — was steadily eroding the judicial trust on which both democracy and economic confidence depend.

With appellate hearings pending and the ADC preparing a misconduct petition against the trial judge, the coming months will test whether Nigeria's courts can hold their independence under the weight of high political stakes — and whether millions of voters will retain meaningful democratic choice in 2027.

A Federal High Court in Abuja delivered a ruling on Tuesday that sent shockwaves through Nigeria's opposition landscape: five political parties—the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party—must be removed from the electoral register. The order came in response to a suit filed by the National Forum of Former Legislators, which argued that these parties had failed to meet constitutional thresholds for maintaining their registration status.

The constitutional requirement is straightforward on paper: a party must either secure at least 25 percent of votes in a state during a presidential election or win at least one elective seat at the national, state, or local government level. The plaintiffs contended that all five parties had performed poorly in both the 2023 general elections and subsequent by-elections, winning no seats across any tier of government. Justice Peter Lifu agreed, finding the suit had merit and directing the Independent National Electoral Commission to implement the deregistration immediately.

But here is where the legal landscape becomes treacherous. The Court of Appeal had already issued a stay of proceedings on May 22, 2026, following an application by Accord Party, and scheduled the appeal for hearing on October 27, 2026. That appellate order explicitly stated that proceedings at the Federal High Court should be suspended pending the appeal's determination. Justice Lifu's ruling, delivered despite this subsisting order, has triggered accusations of judicial overreach and raised fundamental questions about the hierarchy of courts and the rule of law itself.

The political consequences are immediate and severe. Atiku Abubakar, the African Democratic Congress presidential candidate and former Vice President, now faces the prospect of having no party platform for the 2027 presidential election. Osun State Governor Ademola Adeleke, who relies on the Accord Party for his political base, confronts a similar crisis ahead of the state's August 15 governorship election. Both men have rejected the ruling and vowed to challenge it through every available legal avenue. Adeleke expressed particular alarm at what he called an abuse of court process, noting that the appellate court had explicitly stated that the delivery of judgment itself remained part of the proceedings before it.

The African Democratic Congress issued a statement through its National Publicity Secretary, Bolaji Abdullahi, alleging that the judgment reflected a coordinated effort by the ruling party and government to weaken the opposition and narrow democratic space ahead of the 2027 elections. The party pointed out that INEC itself had opposed the deregistration suit and argued in its counter-affidavit that the ADC had neither violated registration requirements nor failed to meet constitutional thresholds. The party's leadership, including National Chairman David Mark, a former Senate President, called the judgment an arrow fired at the heart of Nigeria's democracy and promised it would not stand.

Not all affected parties responded identically. Ikenga Ugochinyere, National Leader of the Action Peoples Party and a House of Representatives member, took a different tack. He argued that the APP's legal status had already been settled by multiple judgments from the Federal High Court, Court of Appeal, and Supreme Court, all affirming the party's registration and constitutional standing. Under the doctrine of judicial precedent, he contended, those higher court decisions remain binding and cannot be invalidated by a subsequent lower court ruling. The APP, he insisted, remains eligible to participate in the 2027 elections.

The ruling has also drawn criticism from beyond the affected parties. Peter Obi, the 2023 presidential candidate of the Nigeria Democratic Congress, warned that the continued politicization of public institutions erodes confidence in the legal system itself. He recalled the controversy surrounding the removal of former Chief Justice Walter Onnoghen and noted that strong economies depend on institutional trust—something investors and businesses increasingly seek in foreign jurisdictions because they doubt Nigeria's judicial independence. The message was clear: when courts appear vulnerable to political pressure, the entire foundation of democratic governance weakens.

What happens next remains uncertain. The Court of Appeal is scheduled to hear arguments on the matter, and multiple legal challenges are already in motion. The ADC has indicated plans to petition the National Judicial Council regarding what it views as the trial judge's misconduct. The outcome will reshape not only the 2027 presidential race but also the August 15 Osun governorship election and, more broadly, test whether Nigeria's judicial system can maintain its independence when political stakes run this high.

The judgment cannot stand. It will be set aside because it does not pass the test of law and due process. Our democracy must be protected from actions that seek to undermine the constitutional rights of political parties.
— David Mark, ADC National Chairman
We must never sacrifice our sacred institutions on the altar of politics. Nations rise when institutions are stronger than individuals.
— Peter Obi, 2023 presidential candidate
A Conversa do Hearth Outra perspectiva sobre a história
Inventor

Why would a lower court judge issue a ruling that directly contradicts a stay order from the appellate court? That seems like a fundamental breach of judicial procedure.

Model

It does. The appellate court explicitly said proceedings should be suspended pending its hearing in October. Justice Lifu proceeded anyway. The opposition is arguing this shows either a misunderstanding of court hierarchy or something more deliberate—an attempt to create facts on the ground before the appeal can be heard.

Inventor

And if the deregistration stands, what actually happens to someone like Atiku Abubakar? He's already run his primary and selected candidates.

Model

He loses his party platform entirely. He can't run as the ADC candidate in 2027. He'd have to find another party to adopt him, or his entire campaign infrastructure collapses. Same with Governor Adeleke in Osun—his election is in August, just weeks away.

Inventor

The plaintiffs argued these parties failed to win seats. But couldn't a party be viable without winning seats in every election cycle?

Model

That's the real tension. The constitutional threshold is clear—25 percent in a state or at least one seat somewhere. But the opposition argues that applying it rigidly, especially retroactively, punishes parties for a single poor performance and contradicts INEC's own position that these parties met the requirements.

Inventor

What's INEC's actual stake in this?

Model

INEC opposed the deregistration suit entirely. It said the plaintiffs lacked standing to bring the case and that the case had no merit. So now you have a court ordering INEC to do something INEC itself argued against. That's unusual and raises questions about who actually has authority over party registration.

Inventor

Peter Obi's warning about institutional trust—is that just political rhetoric, or is there something real there?

Model

It's real. If courts appear to be tools of whoever holds power, investors and citizens lose confidence in contracts, property rights, everything that depends on impartial law. Obi's point is that this ruling, whether intentional or not, signals that the judiciary might bend to political pressure. That's corrosive to the entire system.

Inventor

So what's the likely outcome when the Court of Appeal hears this in October?

Model

The appellate court will have to decide whether Justice Lifu had authority to rule despite the stay order. If it finds he didn't, it could overturn the entire judgment. But by then, INEC may have already removed these parties from its register, and the damage to campaigns and candidates will be done. That's why the opposition is fighting so hard right now.

Fale Conosco FAQ