Appeal Court has reversed the deregistration of ADC and restored INEC recognition.
NewsOnline Nigeria reports that the Court of Appeal sitting in Abuja has overturned the Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring the earlier ruling a nullity.
In a unanimous judgment delivered on Tuesday by a three-member panel led by Justice Abba Mohammed, the appellate court held that the June 15 decision of the Federal High Court lacked jurisdiction and was based on an incompetent suit filed by a non-juristic entity.
The court ruled that there was no valid legal action upon which the Federal High Court could have directed INEC to deregister the affected political parties.
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It further held that the lower court failed to properly assess the evidence before it, noting that documents showing the parties had won elective positions in previous elections were ignored.
The appellate court also faulted the trial court for proceeding with the matter despite an earlier order directing it to stay proceedings pending the determination of an interlocutory appeal.
According to the judgment, the Federal High Court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties and INEC, restored the registration of the parties, and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The political parties affected by the ruling are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP).
The appellate court declared that all five parties remain duly registered and legally recognised by INEC.
The court also criticised the conduct of the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier stay of proceedings issued on May 22.
The appellate panel noted that Justice Lifu had been informed of the stay order but still delivered judgment, describing the action as “a form of judicial impertinence.”
It added that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench,” describing such conduct as “judicial rascality.”
The Court of Appeal had earlier, on June 16, stayed the execution of the Federal High Court judgment pending the hearing of the appeals.
Justice Lifu had originally ordered INEC to deregister the five political parties after ruling that they failed to meet the constitutional requirements for continued registration. He also barred INEC from recognising the parties, accepting candidates sponsored by them, or giving effect to their activities ahead of the 2027 general elections.
The judgment stemmed from a suit filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant in the case, had supported the plaintiffs, arguing that retaining the affected parties undermined Nigeria’s electoral integrity.
However, dissatisfied with the decision, INEC and the five political parties filed separate appeals, which the Court of Appeal upheld, setting aside the Federal High Court judgment in its entirety.
