The Court of Appeal in Abuja has overturned the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring the earlier decision a nullity.
In a unanimous judgment delivered on Tuesday, a three-member panel led by Justice Abba Mohammed held that the Federal High Court lacked the jurisdiction to entertain the suit that led to the deregistration order.
The appellate court ruled that the suit was incompetent because it was instituted by a non-juristic entity, meaning there was no valid legal action upon which the trial court could have based its decision directing INEC to deregister the parties.
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According to the court, the Federal High Court wrongly assumed jurisdiction and consequently made orders that could not stand in law.
The Court of Appeal further faulted the lower court for failing to properly evaluate the evidence before it, noting that documents showing the affected political parties had won elective positions in previous elections were ignored.
It also held that the trial judge proceeded with the matter despite an earlier order directing the court to stay proceedings pending the determination of an interlocutory appeal.
The appellate court consequently ruled that the Federal High Court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
It therefore allowed the separate appeals filed by the affected political parties, restored their legal status and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The parties restored by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The court declared that all five political parties remain duly registered and are entitled to participate in Nigeria’s electoral process.
In its judgment, the appellate court also criticised the conduct of the trial judge, Justice Peter Lifu, for proceeding with the case despite an earlier stay of proceedings issued by the Court of Appeal on May 22.
The panel observed that although Justice Lifu’s attention had been drawn to the appellate court’s order, he still delivered judgment.
Describing the action as “a form of judicial impertinence,” the court cited previous Supreme Court decisions, stating that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
Justice Lifu had, on June 15, ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for continued registration.
He also restrained INEC from recognising the parties, accepting candidates sponsored by them or giving effect to their activities ahead of the 2027 general elections.
The judgment followed a suit filed by the National Forum of Former Legislators, which argued that the affected parties failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant INEC regulations.
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The group contended that the parties neither secured at least 25 per cent of votes in a state during a presidential election nor won elective offices at the national, state or local government levels, making their continued registration unconstitutional.
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’ position, arguing that retaining the affected parties was inconsistent with constitutional provisions and undermined the integrity of Nigeria’s electoral system.
However, with Tuesday’s judgment, the Court of Appeal has restored the legal status of the five political parties, effectively setting aside all orders made by the Federal High Court.
