Appeal Court overturns order deregistering ADC, four other political parties

The Court of Appeal in Abuja has nullified a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

 

In a unanimous judgment delivered by a three-member panel, the appellate court held that the June 15 decision of the Federal High Court was a nullity, ruling that the lower court lacked jurisdiction to entertain the suit.

 

Delivering the lead judgment, Justice Abba Mohammed held that the suit was incompetent because it was filed by a non-juristic entity, adding that there was no valid legal basis for the order directing INEC to deregister the affected parties.

 

The court also faulted the trial court for failing to properly evaluate evidence showing that the parties had won elective positions in previous elections.

 

It further held that the Federal High Court acted in defiance of an earlier order of the Court of Appeal directing it to stay proceedings pending the determination of an appeal.

 

According to the appellate court, the lower court ought to have dismissed the case for lack of jurisdiction and merit.

 

Consequently, the Court of Appeal set aside the judgment and affirmed that all the affected political parties remain duly registered.

 

The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

 

The parties affected by the ruling are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP).

 

The appellate court recalled that it had earlier, on June 16, stayed the execution of the High Court judgment and criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an order to halt proceedings.

 

The panel described the judge’s action as a violation of judicial hierarchy, citing Supreme Court decisions that condemn such conduct.

 

The Federal High Court had earlier ordered INEC to deregister the five political parties, barring the electoral commission from recognising them or accepting their candidates for the 2027 general elections.

 

The suit was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the constitutional electoral performance thresholds required to retain their registration.

 

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), had supported the suit, contending that retaining the parties violated constitutional provisions.

 

Dissatisfied with the High Court judgment, the affected political parties and INEC appealed the decision, leading to Tuesday’s ruling by the Court of Appeal.