The Federal High Court sitting in Abuja on Monday heard fresh arguments in the suit seeking to deregister the African Democratic Congress (ADC), Accord Party and other political parties, with defendants urging the court to stay proceedings pending the determination of an appeal before the Court of Appeal, Abuja Division.
After hearing the application for stay of proceedings and joinder, the trial judge, Justice Peter Lifu, subsequently adjourned the matter till May 18, 2026.
The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators against the Independent National Electoral Commission (INEC) and several political parties.
At the proceedings, counsel for the sixth defendant (Accord), Musibau Adetunbi, SAN, urged the court to suspend further hearing in the matter, arguing that an application relating to the proceedings had already been filed before the Court of Appeal.
Adetunbi, who cited Supreme Court authorities, argued that a lower court could not continue to entertain arguments on issues already pending before a higher court.
Counsel for the 3rd defendant, the ADC, S.E. Aruwa; counsel for the 4th defendant (Action Alliance), Peter Abang; counsel for the 5th defendant (Action Peoples Party); and counsel for the 7th defendant (Zenith Labour Party), all aligned with the submissions seeking a stay of proceedings in the matter.
The defence lawyers collectively argued that it was settled law that the trial court should await the outcome of proceedings at the appellate court before taking further steps in the matter.
They maintained that proceeding with the hearing of the suit while an appeal was pending could prejudice the issues already submitted before the Court of Appeal.
Counsel for the APP further informed the court that an affidavit of facts had already been filed before the appellate court on May 7, 2026, and served on parties, adding that no counter-affidavit had been filed against the processes.
Abang, however, raised an additional argument on jurisdiction, contending that the 4th defendant had earlier challenged the competence of the suit and that the court should not proceed in a manner capable of pre-empting the appellate court’s decision on the issue.
Aruwa (ADC) also argued that the Court of Appeal was active and could determine the appeal within a week.
Opposing the applications, counsel for the plaintiff, Yakubu Abdullahi Ruba, argued that the appeal before the appellate court was interlocutory and did not automatically deprive the trial court of jurisdiction to continue hearing the matter.
Ruba relied on a 1989 Supreme Court decision, insisting that there was no subsisting order from either the Supreme Court or the Court of Appeal directing Justice Lifu to stay proceedings.
Counsel for the first defendant (INEC), Haliru Mohammed, told the court that he would align himself with the position of the law, while noting that INEC had already filed a counter-affidavit to the substantive suit.
Counsel for the AGF, O.A. Abdulraheem, did not take any position on the issue.
The court also entertained several applications for joinder filed by politicians seeking to be made defendants in the matter.
Counsel for an applicant seeking to be joined as the 8th defendant, M.E. Sherriff, urged the court to grant the application filed on behalf of 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 applicant seeking to be joined as the 9th defendant, Abayomi Oluwafemi, told the court through his counsel that he intended to contest the Ogun State governorship election on the platform of the ADC, and would therefore be adversely affected if the party was deregistered.
The 6th defendant also moved separate applications seeking the joinder of two governorship candidates of the Accord Party in Osun and Ekiti states, as the 10th and 11th defendants.
Responding, counsel for the plaintiff opposed all the joinder applications on the ground that 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 was not a defendant in the suit and urged the court to dismiss the applications and award N50 million costs.
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.
The judge thereafter adjourned the matter till May 18 for ruling and adoption of all processes for final determination of the court.
tribuneonlineng.com
