The Court of Appeal in Abuja has set aside the 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 judgment delivered on Tuesday by a three-member panel led by Justice Abba Mohammed, the appellate court ruled that the June 15 decision of the Federal High Court was a nullity because it was delivered without jurisdiction.
The court held that the trial court wrongly assumed jurisdiction over an incompetent suit instituted by a non-juristic entity, adding that there was no valid action before it to justify the order directing INEC to deregister the affected political parties.
The appellate court also faulted the lower court for failing to properly evaluate the evidence before it, noting that materials showing the affected parties had won elective positions in previous elections were ignored.
It further held that the trial judge proceeded with the case despite an earlier order directing the court to stay proceedings pending the determination of an interlocutory appeal.
Consequently, the Court of Appeal ruled that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.
The appellate court allowed the separate appeals filed by the affected political parties, restored their registration and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The political 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 political parties under Nigerian law.
The Court of Appeal had, on June 16, suspended the execution of the Federal High Court judgment pending the determination of the appeals.
In its ruling, the appellate court criticised the conduct of Justice Peter Lifu for continuing with the proceedings despite an earlier order issued on May 22 directing him to stay further action pending the outcome of the appeal.
The panel observed that although Justice Lifu’s attention had been drawn to the subsisting stay of proceedings, he went ahead to deliver judgment.
Describing the action as “a form of judicial impertinence,” the court noted that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
The Federal High Court had also restrained INEC from recognising the affected political parties, accepting candidates sponsored by them or giving effect to their activities ahead of the 2027 general elections.
The case arose from a suit marked FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators.
The plaintiffs had asked the court to determine whether INEC was constitutionally required under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and relevant regulations to deregister political parties that failed to meet prescribed electoral performance thresholds.
The forum argued that the affected parties neither secured at least 25 per cent of votes in any state during a presidential election nor won any elective office at the national, state or local government levels, as required by law.
It further contended that the parties’ poor performance in the 2023 general election and subsequent by-elections made their continued registration unconstitutional and detrimental to the integrity of Nigeria’s electoral process.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant in the suit, supported the plaintiffs’ position, arguing that retaining the affected political parties was inconsistent with the provisions of the Constitution and undermined the country’s electoral system.
