Appeal Court Restores ADC, Four Other Political Parties, Voids Deregistration Order

The Court of Appeal in Abuja has overturned a 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 by a three-member panel, the appellate court declared the June 15 ruling of the Federal High Court a nullity, holding that the trial court lacked the jurisdiction to entertain the suit that led to the deregistration order.

The lead judgment, delivered by Justice Abba Mohammed, held that the case was initiated by a non-juristic entity, making the suit incompetent from the outset. The court ruled that there was no valid legal basis upon which the Federal High Court could direct INEC to withdraw recognition from the affected political parties.

According to the appellate court, the trial judge failed to properly assess the evidence before him, including documents showing that the affected political parties had won elective positions in previous elections, contrary to the claims made against them.

The panel further faulted the lower court for proceeding with the case despite an earlier order of the Court of Appeal directing that proceedings be stayed pending the determination of appeals already before it.

The justices held that the trial court ought to have dismissed the suit for lack of jurisdiction and absence of merit rather than issuing far-reaching orders affecting the legal status of registered political parties.

Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties and INEC, restoring the registration of the parties and affirming that they remain legally recognised political parties under Nigerian law.

The parties whose registration was restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The appellate court also awarded costs against the National Forum of Former Legislators (NFFL), the group that instituted the original lawsuit seeking the deregistration of the parties.

The latest ruling follows an earlier decision delivered on June 16, when the Court of Appeal granted a stay of execution of the Federal High Court judgment pending the hearing of the substantive appeals.

During that earlier proceeding, the appellate court criticised the conduct of the trial judge, Justice Peter Lifu, for delivering judgment despite an existing order directing him to suspend proceedings.

The appellate panel described the action as a disregard for judicial hierarchy, noting that Justice Lifu proceeded with the judgment after being notified of the appellate court’s stay order.

In strong terms, the Court of Appeal described the conduct as “a form of judicial impertinence” and cited Supreme Court authorities which state that a judicial officer who deliberately ignores superior court orders acts contrary to established principles of the administration of justice.

The Federal High Court had initially ordered INEC to deregister the five political parties, restrain them from presenting candidates for the 2027 general elections, and prohibit the electoral commission from recognising their activities.

The judgment followed a suit filed by the National Forum of Former Legislators, which argued that the parties failed to satisfy the constitutional requirements for continued registration under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.

The plaintiffs contended that the parties failed to achieve the required electoral performance benchmarks, including winning at least 25 per cent of votes in a state during a presidential election or securing elective offices at the federal, state, or local government levels.

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit, arguing that INEC had a constitutional duty to deregister political parties that no longer met the legal requirements for continued existence.

However, dissatisfied with the Federal High Court’s decision, the affected parties and INEC challenged the ruling before the Court of Appeal, which has now restored their legal status and reaffirmed their continued participation in Nigeria’s democratic process.