The Court of Appeal has overturned a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, declaring that the lower court lacked the legal authority to make such a decision.
In a unanimous judgment delivered on Tuesday by a three-member panel led by Justice Abba Mohammed, the appellate court ruled that the Federal High Court acted without jurisdiction and based its decision on an incompetent suit filed by a body that lacked the legal capacity to institute the case.
According to the court, there was no valid legal basis for the order directing the Independent National Electoral Commission (INEC) to deregister the affected political parties.
The Court of Appeal also held that the trial court failed to properly assess evidence showing that the parties had won elective positions in previous elections, evidence that should have been considered before reaching its decision.
In addition, the appellate court faulted the Federal High Court for proceeding with the case despite an earlier order directing it to stay proceedings pending the outcome of an interlocutory appeal.
The court noted that Justice Peter Lifu was informed about the stay order but still went ahead to deliver judgment.
Describing the action, the appellate court said it amounted to “a form of judicial impertinence,” adding that the Supreme Court had previously held that such conduct “amounts to judicial rascality.”
As a result, the appellate court allowed the separate appeals filed by the affected political parties and INEC, set aside the Federal High Court judgment in its entirety, restored the parties’ registration and awarded costs against the National Forum of Former Legislators, which filed the suit.
The political parties affected by the ruling are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party, and the Zenith Labour Party (ZLP).
The legal dispute began after the Federal High Court ruled that the five parties failed to meet constitutional requirements for their continued registration, directing INEC to deregister them and barring the electoral body from recognising them or accepting candidates sponsored by them ahead of the 2027 general elections.
The suit was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds required under the Constitution and the Electoral Act.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the suit, arguing that retaining the parties would undermine the country’s electoral integrity.
However, dissatisfied with the judgment, the affected parties and INEC challenged the ruling at the Court of Appeal, which has now restored their legal status.
