Appeal Court judgment: Evidence was concocted in deregistration suit – ADC
By Luminous Jannamike
The African Democratic Congress (ADC) praised the Court of Appeal’s unanimous decision on Tuesday to overturn a previous ruling by the Federal High Court that ordered its deregistration. The appellate court found that the trial judge, Justice Peter Lifu, had “concocted evidence” favoring the plaintiffs.
This ruling temporarily resolves the legal battle regarding the party’s status, affirming that the ADC is a legitimate political entity under the Constitution and the Electoral Act. The decision allows the ADC to concentrate on its political activities rather than focusing on its legal survival.
In a statement, National Publicity Secretary Bolaji Abdullahi expressed that the appellate court’s verdict validates the ADC’s long-held position that the lawsuit was flawed and lacked evidentiary support.
“The ADC regards as extraordinary the finding by the Court of Appeal that Justice Peter Lifu concocted evidence in this case,” Abdullahi said. He emphasized that this raises questions about the integrity of the judiciary, citing that it is the second time a superior court has criticized Justice Lifu for judicial misconduct.
Beyond dismissing the trial court’s ruling, the appellate court determined that the plaintiffs did not possess the legal standing to initiate the lawsuit, failing to demonstrate any personal legal interest, instead making speculative claims about past electoral contests.
The court noted that the plaintiffs could not provide credible evidence for their claims while accepting unchallenged proof from the Independent National Electoral Commission (INEC) indicating that the ADC met all constitutional and electoral criteria for its continued recognition.
Additionally, the ruling addressed the status of the ADC’s elected representatives. The appellate court rejected the prior conclusion that the party’s lawmakers had defected to another political party, citing a lack of evidence to support that assertion. Abdullahi highlighted that affidavit evidence confirmed the party’s elected representatives, including three members from Kogi State.
The ADC also pointed out that the Attorney General of the Federation, Chief Lateef Fagbemi, had joined the suit attempting to deregister the ADC and four other parties, alleging they no longer met constitutional requirements for recognition.
The appellate court critiqued the trial court’s interpretation of the relevant constitutional provision, asserting that, despite acknowledging the correct legal standing, the trial court’s conclusions were inconsistent with both the Constitution and the evidence presented.
“The Court of Appeal confirmed that the African Democratic Congress meets the constitutional requirements for recognition as a political party and retains the right to conduct its political activities under the Constitution and the Electoral Act,” the statement read.
Abdullahi characterized the ruling as significant not only for the ADC but for the judiciary’s integrity. He stressed that it reinforces the principle that judicial authority must be exercised according to the law and based on solid evidence.
“We have always had confidence in the judicial process,” Abdullahi stated. “This ruling reaffirms the rule of law and protects the constitutional rights of political parties from unlawful interference.”
The ADC plans to strengthen its organizational structures and promote democratic participation, aiming to present a credible political alternative for Nigerians.
