BREAKING: Appeal Court Voids Order Deregistering ADC, Four Other Political Parties

The Court of Appeal in Abuja has nullified 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, affirming that they remain legally registered.

In a unanimous decision delivered by a three-member panel of justices, the appellate court ruled that the June 15 judgment of the Federal High Court was a nullity, holding that the trial court lacked jurisdiction to entertain the case.

The court found that the suit, filed by the National Forum of Former Legislators (NFFL), was incompetent because it was instituted by a non-juristic entity with no legal capacity to sue. As a result, it held that there was no valid case upon which the Federal High Court could have based its order directing INEC to deregister the parties.

Delivering the lead judgment, Justice Abba Mohammed held that the lower court failed to properly evaluate the evidence before it, noting that proof showing the affected parties had won elective positions in previous elections was ignored.

The appellate court also faulted the trial judge for proceeding with the case despite an earlier order directing the court to stay proceedings pending the determination of an appeal. It ruled that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.

Consequently, the court allowed the separate appeals filed by the affected political parties and ordered the NFFL to pay costs.

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The ruling restores the legal status of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), all of which had been ordered deregistered by the lower court.

The appellate court had earlier, on June 16, stayed the execution of the High Court judgment and criticized the conduct of the trial judge, Justice Peter Lifu, for proceeding with the case despite an appellate order issued on May 22 directing a stay of proceedings.

The panel described the judge’s action as a disregard for judicial hierarchy, stating that continuing with the case after being notified of the appellate court’s directive amounted to “judicial impertinence.” It further referenced previous Supreme Court decisions describing such conduct as “judicial rascality.”

The Federal High Court had ruled that the five political parties failed to satisfy the constitutional requirements for continued registration and directed INEC to withdraw recognition from them, reject their candidates, and prevent them from participating in the 2027 general elections.

The decision followed a suit filed by the NFFL, which argued that the parties failed to meet the electoral performance benchmarks outlined in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.

According to the plaintiffs, the affected parties neither secured at least 25 percent of votes in a state during presidential elections nor won elective offices at the federal, state, or local government levels, making their continued registration unconstitutional.

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The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the suit, arguing that INEC was constitutionally obligated to deregister political parties that failed to meet the prescribed legal thresholds.

However, dissatisfied with the High Court’s decision, the affected political parties, alongside INEC, appealed the judgment, culminating in the Court of Appeal’s decision to set it aside and reaffirm their status as duly registered political parties eligible to participate in future elections.