By Samuel Olusegun Precious
The Court of Appeal in Abuja has set aside a judgment of the Federal High Court ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) alongside four other political parties, declaring all the affected entities fully recognized and lawfully registered.
In a unanimous decision by a three-member panel chaired by Justice Abba Mohammed, the appellate court ruled that the lower court’s judgment—delivered by Justice Peter Lifu—amounted to a nullity for lack of jurisdiction and improper evaluation of evidence.
The suit leading to the initial deregistration order had been filed by the National Forum of Former Legislators (NFFL), which alleged that the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) failed to satisfy the constitutional threshold under Section 225A of the 1999 Constitution (as amended) during recent election cycles.
However, in its lead judgment, the appellate court held that the Federal High Court assumed jurisdiction on an incompetent suit brought by a non-juristic entity.
The appellate court further rebuked the trial judge for ignoring evidence showing that the affected parties had previously won elective seats in past elections. The panel also condemned the trial court for delivering the initial judgment in defiance of a prior appellate order to stay proceedings, describing the trial judge’s conduct as judicial insubordination.
With the judgment overturned, the Court of Appeal allowed the separate appeals filed by the political parties and INEC, affirming that the ADC, APP, AA, Accord Party, and ZLP remain valid political organizations entitled to participate fully in Nigeria’s electoral process. Monetary costs were also awarded against the plaintiffs.
