The Court of Appeal in Abuja has overturned an order directing the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties.
According to Vanguard, a three-member panel unanimously ruled that the June 15 judgment of the Federal High Court amounted to a nullity because the lower court acted on an incompetent suit.
The appellate court held that the National Forum of Former Legislators, which instituted the case, was not a juristic entity capable of filing the action. It therefore concluded that no valid suit existed upon which the deregistration order could stand.
Justice Abba Mohammed delivered the lead judgment, declaring that the affected parties remained duly registered and could continue their political activities.
Appeal court faults lower court’s handling of case
The panel said the Federal High Court wrongly assumed jurisdiction and failed to properly evaluate the evidence presented by the political parties.
It noted that the parties had provided evidence showing they won elective seats in previous elections, but the trial court did not give adequate consideration to those records.
The Appeal Court also criticised the lower court for continuing with the case despite an earlier directive to suspend proceedings pending the determination of the parties’ appeals.
It held that the substantive suit should have been dismissed for lack of jurisdiction and merit.
The court consequently allowed the separate appeals filed by the affected political parties and awarded costs against the National Forum of Former Legislators.
Five political parties remain registered
Besides the ADC, the ruling affects the Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
The ADC deregistration ruling had earlier prevented INEC from recognising the five parties, accepting their candidates or allowing them to participate in the 2027 general elections.
The Federal High Court had also ordered the parties to stop presenting themselves as registered political organisations.
However, the Appeal Court’s latest decision has removed those restrictions and confirmed that all five parties retain their legal status.
Panel criticises disregard for judicial hierarchy
The appellate court had earlier stayed the execution of the deregistration judgment on June 16.
During that proceeding, the panel criticised Justice Peter Lifu of the Federal High Court for delivering judgment despite an Appeal Court order issued on May 22 directing him to suspend the case.
The justices described the action as a disregard for judicial hierarchy and said the trial judge should have respected the authority of the higher court.
The panel referred to the conduct as judicial impertinence and warned that ignoring the order of a superior court undermined the administration of justice.
How the deregistration case began
The National Forum of Former Legislators filed the case marked FHC/ABJ/CS/2637/2026, arguing that the five parties had failed to meet the constitutional conditions required to retain their registration.
The group relied on Section 225A of the 1999 Constitution, the Electoral Act 2022 and INEC regulations.
It argued that political parties must win at least 25 per cent of votes in a state during a presidential election or secure an elective seat at the national, state or local government level.
The plaintiffs claimed the ADC and the four other parties performed poorly during the 2023 general elections and subsequent by-elections.
They maintained that allowing the parties to remain registered weakened the integrity of Nigeria’s electoral system.
The Attorney-General of the Federation, Lateef Fagbemi, also supported the plaintiffs’ position before the Federal High Court.
However, the affected parties and INEC appealed the judgment, asking the appellate court to set it aside.
With the ADC deregistration ruling now overturned, the five political parties can continue preparations and nominate candidates for future elections.
