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 decision delivered by a three-member panel, the appellate court held that the June 15 judgment was a nullity because it was based on an incompetent suit filed by a non-juristic entity.
Justice Abba Mohammed, who delivered the lead judgment, ruled that the Federal High Court lacked jurisdiction to entertain the case and should have dismissed it.
The court also found that the trial judge failed to properly assess evidence showing that the affected parties had won elective positions in previous elections.
The appellate court further faulted the lower court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an appeal. It described the action as a disregard for judicial hierarchy, noting that there was no valid legal basis for ordering INEC to deregister the parties.
As a result, the court restored the registration of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), affirming that they remain legally recognised political parties.
The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit seeking the parties’ deregistration.
The judgment overturns the earlier Federal High Court ruling, which had barred INEC from recognising the five parties or accepting candidates nominated by them for the 2027 general elections.
he lower court had agreed with the NFFL’s argument that the parties failed to meet the electoral performance requirements outlined in Section 225A of the 1999 Constitution and the Electoral Act 2022.
The Attorney General of the Federation, Prince Lateef Fagbemi (SAN), had supported the suit, arguing that the continued registration of the parties violated constitutional provisions. However, the Court of Appeal has now set aside the entire judgment, allowing the affected political parties to continue operating and participating in Nigeria’s electoral process.
