Mark slams FG after A’Court reverses ADC deregistration
By: Abudu Olalekan
The Court of Appeal reversed the deregistration of the ADC and four other parties on Monday. Senator David Mark, the ADC National Chairman, didn’t hold back. He said the judiciary is on trial right now. And he warned the Federal Government—stop the political manipulation.
Stakeholders are furious. They’re calling for sanctions against Justice Peter Lifu. Why? Because he allegedly ignored a superior court order. But here’s the good news for ADC supporters: the party assures everyone they’ll stay on the ballot.
Political parties caught in the Federal High Court’s controversial deregistration order? They welcomed the Appeal Court’s decision. It was a stay of execution. A lifeline, basically.
Here’s what went down.
The Court of Appeal in Abuja ordered that stay on Tuesday. The judgment had directed INEC to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party. But the appellate court wasn’t just reversing—they were rebuking. Hard. They slammed Justice Lifu for flouting a May 22 order from the same court. That order told him to stop proceedings. He didn’t listen.
Justice A. B. Mohammed led a three-member panel. Unanimous decision. They called Lifu’s conduct the gravest form of judicial misconduct.
“The lower court’s decision to proceed despite our express order? That’s a brazen violation of the court hierarchy and the 1999 Constitution,” the panel ruled.
They didn’t stop there. They pulled a Supreme Court precedent to describe Lifu’s actions in the harshest terms.
“This is the highest form of judicial impertinence,” the panel declared. The Supreme Court once said a judge who acts like this “is unfit for the bench. It amounts to judicial rascality.”
The appellate court made it clear: they have a duty to protect their integrity. Supervisory authority over lower courts matters.
“Courts must protect their integrity. This court has supervisory authority over the trial court. We have a duty to ensure our orders are obeyed. The stay of execution is granted. The judgment is stayed,” they ruled.
So what triggered all this? Justice Lifu, at the Federal High Court in Abuja, had ordered INEC to deregister those five parties on Monday. His ruling? They failed to meet constitutional performance thresholds under Section 225A of the 1999 Constitution—specifically, securing 25% of votes in certain states or winning seats in the 2023 elections.
Earlier in Tuesday’s proceedings, INEC dropped a bombshell. They told the appellate court they were stunned. Shocked, even. They only learned about Lifu’s judgment through media reports. No official notification.
INEC’s lead counsel, Mr. Haliru Mohammed, told the panel the commission knew about the May 22 order. They knew proceedings were supposed to be stayed. The judgment was originally reserved for June 5.
“We weren’t aware of any notice about the judgment delivery. We saw it as breaking news in the media. So we don’t oppose the appellant’s application for a stay,” Mohammed submitted.
INEC also aligned itself with the affected parties’ notice of appeal.
ADC’s counsel, Mr. Shuaibu Aruwa, SAN, dropped another shocker. He told the court that Justice Lifu communicated the judgment’s delivery via WhatsApp. To the party. The bench visibly reacted.
Aruwa called the lower court’s conduct an “invitation to anarchy.” He urged the appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution.
“The trial judge’s action calls for swift, extraordinary measures. We’ve reached the stage where this court should press the reset button. We urge you to take disciplinary steps. Suspend that judgment immediately. This court has the power to protect its own integrity. Suspend it without further delay,” he pleaded.
APC reacts
Bolaji Abdullahi, ADC’s National Publicity Secretary, reacted cautiously. He said the ruling offers hope for the judiciary’s credibility. But he wasn’t celebrating.
“It indicates the judiciary may still redeem itself. We’re cautiously delighted. But we insist—this shouldn’t have happened in the first place,” Abdullahi said in a phone interview.
He called on the National Judicial Council to act. “We hope the NJC will take urgent steps to purge the bench of judges who bring the institution into disrepute.”
Ikenga Ugochinyere, National Leader of the Action Peoples Party, was more emphatic. He called the ruling a vindication.
“There was no need to panic. This ruling vindicates our position from the get-go,” he said.
He also slammed controversial judges. “We call on the NJC to weed out justices who say one thing in the morning and another in the evening. These bad eggs give the judiciary a bad name.”
Ugochinyere warned about public confidence. “Court pronouncements should be respected. But when people hide behind technicalities, it raises concerns about integrity. How do we expect citizens to obey judgments when they see justice as influenced by individuals and personal interests? That’s the challenge.”
He noted the controversy sparked frustration across the country. Some of that anger? Directed at the presidency.
“This situation has generated a lot of reactions. Many people are frustrated with the President. Maybe we need more clarity so Nigerians understand what’s really happening,” he said.
Still, he called Tuesday’s outcome a victory. “It’s a victory for democracy and the rule of law. The courts have once again shown their relevance in our democratic process.”
Other parties speak
Peter Ameh, Acting National Chairman of the Coalition of United Political Parties, got philosophical. He quoted Edmund Burke: “The only thing necessary for the triumph of evil is for good men to do nothing.”
He warned against what he called “hostile executive rascality and brazen judicial overreach.”
ADC presidential candidate Atiku Abubakar posted on his X handle. He called the ruling a positive development. He noted INEC itself initiated the application for the stay.
“I welcome the Court of Appeal’s decision to stay execution of the judgment seeking deregistration of our great party, the ADC, and four others. It’s particularly significant that INEC initiated the application for the stay,” he wrote.
Atiku, Mark protest
Atiku also criticized judicial contradictions. “The disturbing spectacle of politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny. As ADC National Chairman Sen. David Mark rightly observed, the judiciary itself is now on trial.”
He warned against weaponizing courts. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger. If our democracy suffers further injury, history will demand accountability from those entrusted with justice.”
Following Lifu’s judgment, the National Judicial Council has been urged to investigate him. The civil society organization Tap Initiative for FOR Citizens’ Development called for an investigation on Tuesday. They cited his decision to deliver judgment in a case already before the Court of Appeal.
The group expressed concern over the disregard for court hierarchy. Implications for Nigeria’s democracy, especially with 2027 elections approaching, are serious.
Justice Lifu had ordered INEC to deregister the five parties for alleged breach of Section 225(A) of the Constitution.
But the judgment was reportedly delivered despite the May 22 stay order from the Abuja Division of the Court of Appeal.
Critics accused the judge of undermining democratic principles.
In a statement signed by Executive Director Mbasekei Martin Obono, the group urged the NJC to:
Determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting stay order.
Examine possible breaches of the judicial code of conduct.
Take appropriate disciplinary action if misconduct is found.
Reaffirm the authority of appellate courts and the supremacy of due process within the judiciary.
The group recalled that Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has consistently emphasized accountability, discipline, and ethical conduct.
They revealed they’ve formally petitioned the CJN, in her capacity as NJC Chairman, seeking investigation and possible disciplinary action against Justice Lifu.
According to the group, the petition is an opportunity to reinforce accountability. To show that judicial independence is not incompatible with responsibility.
“Tap Initiative expresses grave concern that when the judgment was delivered, there were subsisting appellate proceedings before the Court of Appeal in Appeal No. CA/ABJ/CV/569/2026. The Court of Appeal had issued an Enrolment Order granting stay of proceedings in Suit No. FHC/ABJ/CS/2637/2025—the very proceedings where the Federal High Court proceeded to deliver judgment.
“This raises profound constitutional and procedural concerns. It appears a valid stay order and active appellate proceedings were in force. If established, this constitutes a serious affront to judicial hierarchy and the supervisory jurisdiction of the Court of Appeal.
“The integrity of Nigeria’s justice system depends on strict adherence to judicial hierarchy, procedural discipline, and respect for appellate authority. Any deviation risks conflicting judicial outcomes, erodes legal certainty, and undermines public confidence in the courts,” the group stated.
They stressed the judiciary is the last hope of the common citizen. Its legitimacy is sustained not only by constitutional authority but by unwavering public confidence in its fairness, discipline, and respect for the rule of law.
They called on the NJC to treat the matter with urgency and seriousness. In the interest of justice, democracy, and national stability.
Meanwhile, Senator David Mark, National Chairman of the African Democratic Congress, declared on Tuesday that the judiciary—not the opposition—is on trial.
Speaking at the ADC Strategic Communications Retreat in Abuja, the former Senate President accused the judiciary of actions that undermine public confidence in the democratic process. He questioned Justice Peter Lifu’s conduct.
“The outcome of this controversy will test the judiciary’s credibility and the NJC’s ability to address concerns,” Mark said.
“The ADC is not on trial. Rather, the judiciary is on trial. The nation is waiting to see how the NJC handles this precarious situation.”
Mark expressed concern over what he called unprecedented judicial actions. He alleged Justice Lifu ignored the Court of Appeal order staying proceedings.
“It’s difficult to comprehend how a judge can act in ways that contradict existing court directives,” he said.
Mark further alleged the judge issued conflicting decisions about the party’s status within a short period.
“It’s strange that a judge can order INEC to pronounce a party dead, and in less than 24 hours put the same party on trial,” he said.
These remarks come amid growing political tension over recent legal challenges affecting opposition parties ahead of the next electoral cycle.
Despite the legal setback, Mark urged party members not to lose confidence. He insisted the ADC would emerge stronger.
“Like I’ve said before, members shouldn’t worry about the shenanigans of the ruling party. We’ll go through turbulence because we’re up to the task. When we’re through all this, ADC will come out stronger,” he stated.
The former Senate President also accused the ruling APC of trying to weaken opposition through distractions. He claimed the governing party is struggling to defend its record.
He alleged the President Bola Tinubu-led government is diverting attention from its challenges by targeting opposition platforms.
Addressing party communicators at the retreat, Mark charged them to craft messages that expand ADC’s appeal across political divides—even among APC members.
He challenged the communications team to develop persuasive narratives that would attract more Nigerians to the ADC project.
