By Adamu Ali, Abuja
The Court of Appeal in Abuja has nullified 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 decision a nullity for lack of jurisdiction.
In a unanimous judgment delivered by a three-member panel of justices, the appellate court held that the June 15 ruling of the Federal High Court was based on an incompetent suit filed by an entity that lacked the legal capacity to institute the action.
Delivering the lead judgment, Justice Abba Mohammed ruled that there was no valid suit before the lower court to justify the consequential order directing INEC to deregister the affected political parties.
The appellate court held that the trial court wrongly assumed jurisdiction and failed to properly evaluate evidence showing that the parties had won elective seats in previous elections.
It further ruled that the Federal High Court acted in violation of an earlier order of the Court of Appeal directing it to stay proceedings pending the determination of an appeal.
According to the appellate court, the trial court ought to have dismissed the suit for lack of jurisdiction and merit.
The judgment consequently restored the registration of the affected political parties, namely the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The court also allowed the separate appeals filed by the political parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.
The ruling reinforces an earlier decision of the Court of Appeal delivered on June 16, which stayed the execution of the Federal High Court judgment pending the determination of the appeals.
In that earlier ruling, the appellate court strongly criticised the trial judge, Justice Peter Lifu, for proceeding to deliver judgment despite an order issued on May 22 directing him to suspend proceedings.
The appellate panel described the judge’s action as “a form of judicial impertinence,” noting that the Supreme Court had previously held that a judge who disregards the hierarchy of courts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
The Federal High Court had ordered INEC to deregister the five political parties on the grounds that they allegedly failed to satisfy the constitutional requirements for continued registration.
The lower court also barred INEC from recognising the parties, accepting nominations from them or allowing them to participate in the 2027 general elections.
The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds provided under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC regulations.
The plaintiffs maintained that the parties neither secured the required electoral support nor won elective seats in the 2023 general elections and subsequent by-elections, making their continued registration unconstitutional.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who was joined as a defendant, supported the plaintiffs’ position, arguing that INEC had a constitutional obligation to deregister parties that failed to meet the prescribed legal requirements.
However, dissatisfied with the Federal High Court’s judgment, INEC and the affected political parties challenged the decision before the Court of Appeal, which has now set aside the entire judgment and affirmed that the five political parties remain lawfully registered.
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