The Court of Appeal in Abuja has nullified a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements.
In a unanimous decision delivered by a three-member panel of justices, the appellate court held that the June 15 judgment of the Federal High Court was a nullity, ruling that the trial court lacked the jurisdiction to entertain the suit.
The court held that the case was filed by a non-juristic entity and was therefore incompetent, making every order arising from it legally invalid.
According to the appellate court, there was no valid suit before the Federal High Court to justify the order directing INEC to deregister the affected political parties.
The court also faulted the trial judge for failing to properly evaluate evidence showing that the parties had won elective seats in previous elections, evidence that could have affected the outcome of the case.
It further held that the Federal High Court proceeded with the matter despite an earlier order directing it to stay proceedings pending the determination of an appeal.
Delivering the lead judgment, Justice Abba Mohammed ruled that the trial court ought to have dismissed the suit for lack of jurisdiction and merit.
Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties, restored their legal status and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.
Apart from the African Democratic Congress (ADC), the other political parties whose registrations were restored are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP).
The appellate court recalled that it had earlier, on June 16, stayed the execution of the Federal High Court judgment and criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an order issued on May 22 directing him to halt further proceedings pending the outcome of the appeal.
The court described the judge’s action as a disregard for judicial hierarchy, noting that he proceeded to deliver judgment despite being informed of the appellate court’s order.
The Court of Appeal further stated that the Supreme Court had consistently held that such conduct amounts to judicial misconduct and undermines the administration of justice.
The Federal High Court had earlier directed INEC to deregister the five political parties, barred the electoral commission from recognising them, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.
Justice Lifu held that the parties failed to satisfy the constitutional requirements for continued registration and participation in elections.
The suit was filed by the National Forum of Former Legislators (NFFL), which argued that the affected political parties failed to meet the performance benchmarks outlined in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC regulations.
The plaintiffs maintained that the parties failed to secure the required electoral performance, including winning at least 25 per cent of votes in a state during a presidential election or securing elective seats at the national, state or local government levels.
They argued that the continued recognition of the parties by INEC undermined the integrity of Nigeria’s electoral system.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the plaintiffs’ position, arguing that retaining the affected political parties was inconsistent with the provisions of the Constitution.
However, dissatisfied with the Federal High Court’s decision, the affected political parties and INEC appealed the judgment, leading to Tuesday’s ruling by the Court of Appeal, which restored their registrations.
