The Court of Appeal in Abuja has set aside the judgment of the Federal High Court directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring that the lower court acted without jurisdiction.
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’s decision of June 15 was null and void because it arose from an incompetent suit instituted by an entity lacking legal capacity.
The court held that there was no valid action before the trial court to justify the order compelling INEC to deregister the affected political parties.
It further found that the lower court failed to properly assess the evidence presented, noting that documentary proof showing that the parties had won elective offices in previous elections was ignored.
The appellate court also faulted the trial judge for proceeding with the case despite an earlier directive to suspend proceedings pending the determination of an interlocutory appeal.
According to the judgment, the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit rather than proceeding to determine the substantive issues.
Consequently, the appellate court upheld the separate appeals filed by the affected political parties and restored their legal status, while awarding costs against the National Forum of Former Legislators, the plaintiff in the case.
The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The court declared that all five parties remain duly registered and are entitled to continue operating as recognised political parties.
The Court of Appeal had earlier, on June 16, stayed the execution of the Federal High Court’s judgment pending the hearing and determination of the appeals.
In its ruling, the appellate court criticised the conduct of the trial judge, Justice Peter Lifu, for delivering judgment despite a subsisting order issued on May 22 directing him to halt proceedings until the interlocutory appeal had been resolved.
The panel observed that Justice Lifu had been notified of the stay order but nonetheless proceeded to deliver judgment.
Describing the action as “a form of judicial impertinence,” the appellate court cited previous decisions of the Supreme Court, which held that a judge who acts in such a manner engages in conduct amounting to “judicial rascality.”
Justice Lifu had ruled that the five political parties failed to satisfy the constitutional conditions for continued registration and consequently ordered INEC to deregister them. He also restrained the electoral commission from recognising the parties, accepting candidates sponsored by them or giving effect to their activities ahead of the 2027 general elections.
The judgment stemmed from a suit filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant regulations.
The plaintiff contended that the parties neither secured at least 25 per cent of votes in any state during a presidential election nor won elective offices at the federal, state or local government levels, making their continued existence unconstitutional.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant, supported the suit, maintaining that retaining the parties on the register undermined the integrity of Nigeria’s electoral process.
However, dissatisfied with the judgment, the affected political parties and INEC separately approached the Court of Appeal, which has now overturned the Federal High Court’s decision and restored the parties’ registrations.