Appeal Court Overturns Order Deregistering ADC, Restores Four Other Political Parties
The Court of Appeal in Abuja has set aside 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 decision delivered by a three-member panel of justices, the appellate court ruled that the earlier judgment was legally invalid because the lower court lacked the jurisdiction to entertain the matter.
Appeal Court Declares High Court Judgment Invalid
The appellate court held that the lawsuit leading to the deregistration order was filed by an entity that lacked the legal capacity to institute the case. As a result, the court concluded that there was no competent suit upon which the Federal High Court could base its decision.
The judgment further stated that the trial court failed to properly evaluate evidence presented before it, including documents showing that the affected political parties had won elective positions in previous elections.
The justices also noted that the High Court proceeded with the case despite an earlier directive ordering it to suspend proceedings pending the outcome of an appeal.
ADC and Four Other Parties Retain Registration
In the lead judgment delivered by Justice Abba Mohammed, the Court of Appeal ruled that all five political parties remain legally registered and recognized under Nigerian law.
The court also upheld separate appeals filed by the affected political parties and ordered the National Forum of Former Legislators (NFFL), the plaintiff in the case, to pay legal costs.
The political parties whose registrations were restored are:
- African Democratic Congress (ADC)
- Action Peoples Party (APP)
- Action Alliance (AA)
- Accord Party (AP)
- Zenith Labour Party (ZLP)
Earlier Stay of Execution
The appellate court recalled that it had previously issued a stay of execution on June 16, temporarily suspending the High Court judgment while the appeals were being considered.
The panel criticized the trial judge, Justice Peter Lifu of the Federal High Court, for continuing with the proceedings despite an earlier order directing him to halt the case.
According to the appellate court, ignoring the order amounted to a breach of judicial hierarchy. The judgment referenced previous Supreme Court decisions emphasizing that lower courts must obey valid orders issued by superior courts.
Background to the Dispute
The case originated from a lawsuit filed by the National Forum of Former Legislators, which argued that INEC had a constitutional obligation to deregister political parties that failed to satisfy the electoral performance requirements contained in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.
The group maintained that the five political parties failed to secure the minimum electoral performance required to retain their registration, citing their results in the 2023 general elections and subsequent by-elections.
The plaintiffs argued that the continued recognition of the parties undermined Nigeria’s electoral system.
Attorney General Supported the Suit
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who was listed as a defendant in the matter, supported the plaintiffs’ arguments during the proceedings.
According to court documents, the Attorney General contended that INEC had a constitutional responsibility to remove political parties that no longer met the legal requirements for continued registration.
He argued that failing to do so would amount to a violation of constitutional provisions governing political parties.
INEC and Political Parties Challenged the Judgment
Following the High Court’s ruling, INEC and all five affected political parties appealed the decision, asking the Court of Appeal to overturn the judgment.
With the appellate court’s latest ruling, the earlier deregistration order has been nullified, and the legal status of the ADC, APP, AA, Accord Party, and ZLP remains intact unless overturned by a higher court.
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