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By John Azu
A Federal High Court in Abuja has dismissed the applications seeking to join the suit for the deregistration of four political parties for alleged failure to win electoral seats.
Justice Peter Lifu, on Wednesday, dismissed the applications by Governor Ademola Adeleke of the Accord Party; the governorship aspirant in Ekiti State; Sani Yakubu-Noma of the African Democratic Congress (ADC); and Oluwafemi Abayomi Adebambi of the Accord Party seeking to join the suit.
Justice Lifu held that although the applicants had the rights to be joined and be heard, due to the presence of their political parties in the matter, it would not be made separately, adding that they would be bound by the outcome of the matter on the other defendants.
The judge also refused the applications for stay of proceedings in the suit pending interlocutory appeals before the Court of Appeal for lack of merit.
The judge maintained that the case was a political one, which if stopped could impact on the timetable of the Independent National Electoral Commission (INEC).
The judge ruled that he can only stop the proceeding if a higher court expressly ordered him to do so.
“Stay of proceedings are not normally granted when matters have attained advanced stage,” the judge said.
The rulings following an application by the National Forum of Former Legislators (NFFL) led by Raphael Igbokwe seeking to de-register the Action Alliance (AA); the African Democratic Congress (ADC); Accord Party, Zenith Labour Party, and Action Peoples Party (APP) ahead of the 2027 general elections.
NFFL is contending that the political parties failed to comply with the provision of Section 225A of the Nigerian Constitution, which INEC has no residual discretion to retain their registration having failed to satisfy the minimum threshold of scoring 25 percent votes in any state during presidential elections or producing a local government chairman.
Arguing his objection, Peter Abang submitted that the judge ought to strike his party, the Action Peoples Party (APP) because their de-registration had been previously determined by a high court and Court of Appeal in Owerri, adding that they produced local government chairmen in Abia and Nasarawa states.
The submission was supported by counsel to the Accord Party A.I. Lemu (SAN), who argued that the APP application must be determined first and the court reconstituted before the matter can proceed.
However, counsel to NFFL, Yakubu Ruba (SAN) argued that the matters already determined had nothing to do with the suit he brought and urged the court to dismiss it and order INEC to de-register the “non-performing” parties.
Counsel to INEC, Haliru Mohammed informed the court that they have filed their counter affidavit and awaita the court’s verdict.
Counsel to the AGF, A. Abdulrahman asked the court to use its powers to determine whether the parties have breached the constitutional provisions as contained in their counter affidavit.
The judge fixed June 5 for judgement.