Court hears fresh applications: ADC deregistration suit heats up
By: Abudu Olalekan
Federal High Court in Abuja adjourns ADC deregistration case. Defendants seek stay of proceedings pending appeal. Reportersroom has the details.
It was a busy Monday at the Federal High Court in Abuja. Things got interesting real quick. The court was set to hear fresh arguments in a suit that could basically wipe out several political parties, including the African Democratic Congress (ADC) and Accord Party. But here’s the thing—the defendants aren’t taking it lying down.
They want the whole thing paused.
During the proceedings, the lawyers for the defendants urged Justice Peter Lifu to stay proceedings. Their argument? There’s already an appeal pending before the Court of Appeal, Abuja Division. So why continue here? It was a solid point, or at least they think so.
The suit itself, marked FHC/ABJ/CS/2637/2026, was filed by the Incorporated Trustees of the National Forum of Former Legislators. They’re coming for INEC and a bunch of political parties. Wanting them deregistered.
Musibau Adetunbi, SAN, appearing for Accord Party (the sixth defendant), told the court to suspend further hearing. He cited Supreme Court authorities. Said a lower court shouldn’t be entertaining arguments on issues already pending before a higher court. It makes sense logically.
He wasn’t alone.
Counsel for ADC, S.E. Aruwa, plus lawyers for Action Alliance, Action Peoples Party, and Zenith Labour Party, all aligned. They stood together on this. The defence lawyers collectively argued that it was settled law. The trial court should wait for the outcome at the appellate court before taking further steps. They maintained that proceeding with the hearing while an appeal was pending could prejudice the issues.
Peter Abang, counsel for Action Peoples Party, added another layer. He raised an argument on jurisdiction. Contended that the 4th defendant had earlier challenged the competence of the suit. The court shouldn’t proceed in a manner capable of pre-empting the appellate court’s decision. Aruwa from ADC chipped in too, arguing the Court of Appeal was active. Could determine the appeal within a week.
But the plaintiff wasn’t having it.
Yakubu Abdullahi Ruba, counsel for the plaintiff, opposed the applications. He argued that the appeal before the appellate court was interlocutory. Didn’t automatically deprive the trial court of jurisdiction. Ruba relied on a 1989 Supreme Court decision. Insisted there was no subsisting order from either the Supreme Court or the Court of Appeal directing Justice Lifu to stay proceedings.
Haliru Mohammed, counsel for INEC, told the court he would align himself with the position of the law. Noted INEC had already filed a counter-affidavit. Counsel for the AGF, O.A. Abdulraheem, did not take any position on the issue. Just stayed quiet.
Then there was the scramble to join the case.
The court also entertained several applications for joinder filed by politicians seeking to be made defendants in the matter. It was like everyone wanted in. M.E. Sherriff, counsel for an applicant seeking to be joined as the 8th defendant, urged the court to grant the application. His client is a serving member of the House of Representatives, Hon. Sani Yakubu Noma. Sherriff argued that his client, being a member of the ADC, would be directly affected if the party were deregistered.
Another guy, Abayomi Oluwafemi, wants to be the 9th defendant. He told the court through his counsel that he intended to contest the Ogun State governorship election on the platform of the ADC. Would be adversely affected if the party was deregistered. Makes sense for him.
The 6th defendant also moved separate applications seeking the joinder of two governorship candidates of the Accord Party in Osun and Ekiti states.
Responding, counsel for the plaintiff opposed all the joinder applications. Said the applicants were not necessary parties since no relief was being sought against them. The plaintiff further contended that one of the applicants had admitted in his affidavit that he belonged to the Labour Party. Which wasn’t even a defendant in the suit. Urged the court to dismiss the applications and award N50 million costs. That’s steep.
Counsel for the applicants, however, argued that parties likely to be adversely affected by the outcome of a suit were entitled to be joined under Section 36 of the 1999 Constitution.
In the end, Justice Lifu didn’t rule immediately. The judge thereafter adjourned the matter till May 18 for ruling and adoption of all processes for final determination of the court. Everyone has to wait till 2026 now.
It’s a waiting game. But the stakes are high for these parties.
