BREAKING: Appeal Court Delivers Judgment on ADC, Four Other Parties’ Deregistration

• The Court of Appeal has overturned the Federal High Court’s judgment ordering INEC to deregister the ADC and four other political parties, declaring the ruling null and restoring their registrations.

The Court of Appeal in Abuja has set aside 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.

In a unanimous judgment delivered on Tuesday, a three-member panel of justices led by Justice Abba Mohammed ruled that the Federal High Court lacked the jurisdiction to entertain the suit, making its judgment a nullity.

The appellate court held that the case before the lower court was incompetent because it was filed by a non-juristic entity, meaning there was no valid legal action upon which the trial court could base its decision.

According to the court, there was no competent suit to justify the order directing INEC to deregister the affected political parties.

The Court of Appeal also faulted the trial judge for failing to properly evaluate evidence presented by the parties, noting that proof showing the political parties had won elective positions in previous elections was ignored.

In addition, the appellate court ruled that the Federal High Court acted improperly by proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an interlocutory appeal.

The appellate court consequently held that the lower court ought to have dismissed the 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:

• African Democratic Congress (ADC)
• Action Peoples Party (APP)
• Action Alliance (AA)
• Accord Party
• Zenith Labour Party (ZLP)

The court declared that all five parties remain duly registered and legally recognized political parties in Nigeria.

The Court of Appeal had earlier, on June 16, suspended the execution of the Federal High Court’s judgment pending the hearing of the appeals.

Appeal Court Faults Trial Judge

In its ruling, the appellate court also criticized the conduct of Justice Peter Lifu, who delivered the Federal High Court judgment despite an existing order directing him to suspend proceedings.

The panel observed that Justice Lifu had been informed of the stay order issued on May 22 but nevertheless proceeded to deliver judgment.

Describing the action as “judicial impertinence,” the Court of Appeal cited previous Supreme Court decisions, stating that a judge who deliberately ignores such orders acts contrary to established judicial principles.

Background of the Case

Justice Peter Lifu of the Federal High Court had earlier ordered INEC to deregister the five political parties after ruling that they failed to meet constitutional requirements for continued registration.

He also restrained INEC from recognizing the parties, accepting candidates sponsored by them, or allowing them to participate in activities leading to 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) and the Electoral Act 2022.

According to the plaintiffs, the parties neither secured at least 25 percent of votes in a state during the presidential election nor won elective offices at the national, state, or local government levels as required by law.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined in the suit, supported the argument that the continued registration of the parties was inconsistent with constitutional provisions.

However, dissatisfied with the ruling, the affected political parties and INEC separately approached the Court of Appeal, asking it to overturn the judgment.

The appellate court agreed with their arguments, nullified the Federal High Court’s decision in its entirety, and reaffirmed that the five political parties remain legally registered.