The Federal High Court in Abuja, on Wednesday, rejected applications by some parties and politicians, including Osun State Governor Ademola Adeleke, who sought to be joined in a suit requesting the deregistration of some political parties over alleged constitutional breaches.
Judge Peter Lifu, in a ruling, held that the applicants seeking to be joined were not necessary parties.
He subsequently set 5 June for judgement after listening to lawyers’ arguments on the merit of the substantive suit.
The News Agency of Nigeria (NAN) reports that the affected applicants are Governor Adeleke, Accord’s Osun State governorship candidate for the 15 August election in the state; Abayomi Arabambi, the Accord governorship candidate in Ekiti State for the election scheduled for 20 June, and Sani Yakubu-Noma of African Democratic Congress (ADC).
With the judgement scheduled for 5 June, the suit puts the candidacy of Governor Adeleke, who is seeking re-election for a second term, and Mr Arambambi at great risk.
Candidates would automatically lose their status to compete in an election if their political parties are deregistered before the election takes place. This is because the window for changing political parties, as in this case, would have closed, and the Nigerian constitution does not allow individuals to run as independent candidates.
Also, victorious candidates could lose their positions if courts later find they contested on the platform of parties that should not have existed at the time of the elections.
Mr Lifu held that the applicants’ political parties were already defendants in the suit, therefore, joining individuals in the case would be unnecessary.
The judge also refused applications seeking a stay of proceedings, ruling that the matter had already proceeded to an advanced stage.
He said that halting the case at this stage would create hardship to other litigants in the suit, particularly as political parties were expected to submit names of candidates ahead of forthcoming elections.
“It is my considered view not to grant the stay except otherwise decided by the upper court,” Mr Lifu said.
He said that Supreme Court had repeatedly cautioned the lower courts against granting undue stay of proceedings.
He added that the issues raised by the applicants lacked merit and were accordingly dismissed.
NAN reports that the suit, marked FHC/ABJ/CS/2637/2026, was instituted by the National Forum of Former Legislators.
The plaintiff sued the Independent National Electoral Commission (INEC) and several political parties, including the ADC, Action Alliance, Action Peoples Party (APP), Accord, and Zenith Labour Party as defendants.
After the ruling, the judge directed parties to adopt their processes in the main suit in line with the order of accelerated hearing earlier granted by the court.
Court sets date for judgement after lawyers’ arguments
While adopting their processes, the plaintiff’s lawyer, Yakubu-Abdullahi Ruba, a Senior Advocate of Nigeria (SAN), argued that the affected political parties failed to meet constitutional requirements relating to electoral spread and performance.
Mr Ruba, who relied on the Supreme Court authorities, contended that political parties were required to secure at least 25 per cent of votes in prescribed elections to remain relevant under the law.
He urged the court to order the deregistration of the parties, insisting that none of the defendants had effectively countered the argument.
Lawyer to the Attorney-General of the Federation (AGF), A. Abdulrahman, told the court that his office possessed constitutional powers to support actions aimed at ensuring compliance with the constitution.
The AGF, Nigeria’s chief law officer, already filed processes supporting the suit.
At Wednesday’s hearing, the AGF’s lawyer, Mr Abdulrahman, urged the court to determine whether the parties listed as 3rd to 16th defendants had breached constitutional provisions.
The lawyers representing the affected political parties, however, urged the court to dismiss the suit and impose substantial costs.
Judge Lifu, in a brief ruling, stated that the court would consider the appellate court’s decision alongside all issues canvassed by parties before delivering judgment.
The judge subsequently adjourned the matter until 5 June for judgement.
READ ALSO: Ondo govt closes schools for APC assembly primaries after Monday’s violence
Shortly after the proceeding, Raphael Igbokwe, the chairperson of the board of the plaintiff, the National Forum of Former Legislators, in an interview, said the suit was not targeted at any political party.
Mr Igbokwe said rather, it was aimed instead at expounding the electoral jurisprudence and promoting a credible political system.
At the previous sitting, defence lawyers led by Musibau Adetunbi, a SAN, for the Accord, and Shuaib Enejo Aruwa, also a SAN, for the ADC, had urged the court to suspend proceedings pending the determination of interlocutory appeals before the Court of Appeal.
They argued that continuing with the hearing while appeals were pending could prejudice matters already before the appellate court.
However, the plaintiff opposed the request, arguing that neither the Court of Appeal nor the Supreme Court had restrained the Federal High Court from proceeding with the matter.
INEC’s lawyer, Haliru Mohammed, informed the court that the commission had already filed a counter-affidavit to the substantive suit.