By Bosun Obafemi
The Court of Appeal in Abuja has overturned a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, ruling that the decision was made without jurisdiction.
In a unanimous judgment delivered by a three-member panel of justices, the appellate court declared the June 15 ruling of the Federal High Court a nullity, holding that the lower court acted on an incompetent suit filed by a non-juristic entity.
Delivering the lead judgment, Justice Abba Mohammed held that there was no valid suit before the Federal High Court upon which it could lawfully order INEC to deregister the affected political parties.
The appellate court further ruled that the trial court failed to properly evaluate the evidence before it, noting that documents showing the affected parties had won elective positions in previous elections were ignored.
The court also faulted the Federal High Court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an appeal.
According to the appellate court, the lower court ought to have dismissed the suit for lack of jurisdiction and merit rather than proceed to judgment.
Consequently, the Court of Appeal held that the affected political parties remain legally registered and entitled to continue operating.
The court also allowed the separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.
The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The latest ruling follows an earlier decision by the Court of Appeal on June 16, when it granted a stay of execution of the Federal High Court judgment and criticised the conduct of the trial judge.
The appellate court faulted Justice Peter Lifu for allegedly disregarding its order of May 22, which directed him to suspend proceedings pending the determination of the appeal.
It observed that despite being served with the order, the trial judge proceeded to deliver judgment.
Describing the action as “a form of judicial impertinence,” the appellate court cited previous decisions of the Supreme Court, which held that a judge who disregards the authority of a superior court may be considered “unfit for the bench,” describing such conduct as “judicial rascality.”
Justice Lifu had earlier ordered INEC to deregister the five political parties, holding that they failed to satisfy the constitutional requirements necessary to justify their continued registration.
He also restrained the electoral commission from recognising the parties, accepting candidates sponsored by them, or permitting them to participate in the 2027 general elections.
The judgment stemmed from a suit filed by the National Forum of Former Legislators, which asked the court to compel INEC to enforce Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations on political party registration.
The plaintiffs argued that the five political parties failed to meet the constitutional performance thresholds required to retain their registration, including securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the federal, state, or local government level.
They further contended that the parties performed poorly in the 2023 general elections and subsequent by-elections and that their continued recognition undermined the integrity of Nigeria’s electoral system.
However, with the Court of Appeal’s decision, the deregistration order has been nullified, allowing the five political parties to retain their legal status pending any further appeal.
