The apex court reserved judgment after hearing arguments from counsel representing the parties in the dispute. The date for delivery of the judgment is expected to be communicated to the parties.
The case is connected to a broader legal battle over the deregistration of ZLP and four other political parties by the Federal High Court in Abuja. The affected parties are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP) and ZLP.
Justice Peter Lifu of the Federal High Court had ordered INEC to deregister the five parties after ruling that they had failed to satisfy constitutional requirements for continued registration. The court also restrained INEC from recognising the parties, accepting their nominations or allowing them to participate in future elections, including the 2027 general elections.
The decision followed a suit filed by the National Forum of Former Legislators, which argued that the affected parties had failed to meet electoral performance thresholds prescribed under Section 225A of the 1999 Constitution, as amended, as well as relevant provisions of the Electoral Act.
The affected parties and INEC subsequently challenged the Federal High Court decision at the Court of Appeal. The appellate court initially stayed the execution of the deregistration order pending determination of the appeals.
In July, the Court of Appeal subsequently overturned the Federal High Court judgment, holding that the lower court lacked jurisdiction to entertain the suit and that the proceedings leading to the deregistration order were invalid. The appellate court consequently restored the legal status of the five political parties.
The Court of Appeal had also faulted the Federal High Court for proceeding with the case despite an earlier directive to stay proceedings pending the determination of an interlocutory appeal. The appellate court said the lower court’s action was inconsistent with the established hierarchy of courts.
The Supreme Court proceedings therefore represent another stage in the prolonged legal dispute surrounding the registration and electoral status of ZLP and the other affected parties.
The outcome of the apex court proceedings could have implications for the interpretation of constitutional provisions governing the registration and deregistration of political parties, as well as the scope of INEC’s powers in enforcing electoral requirements.
Until the Supreme Court delivers its judgment, the legal questions raised by the parties remain pending before the apex court.