Appeal court nullifies order for deregistration of ADC, four others
Court of Appeal Vacates Deregistration of Political Parties
By Ikechukwu Nnochiri, Abuja
The Court of Appeal in Abuja has overturned a Federal High Court ruling that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties for failing to meet constitutional requirements.
In a unanimous decision, a three-member panel found that the June 15 order by the Federal High Court lacked jurisdiction. The appellate court determined that the case was brought forth by a party that did not have the legal standing to file such a suit.
The panel indicated that the lower court did not thoroughly assess the evidence, noting that the political parties had previously won seats in elections—a factor that was overlooked. Furthermore, the trial court was criticized for not adhering to a prior directive to stay proceedings while the appeal was pending.
Justice Abba Mohammed, who delivered the lead judgment, emphasized that the substantive case should have been dismissed due to lack of jurisdiction and merit. The court’s ruling reinstates the registration of the ADC, as well as the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court had previously ordered a stay of execution of the lower court’s decision on June 16, accusing Justice Peter Lifu of judicial misconduct for defying its directive. The panel found that Justice Lifu knowingly ignored the order to pause proceedings and subsequently rendered his judgment.
The Federal High Court had instructed INEC to deregister the five political parties, claiming they did not meet the constitutional criteria necessary for their continued operation and participation in upcoming elections. It also restricted INEC from recognizing these parties or accepting candidate nominations for the 2027 general elections.
The suit, brought by the National Forum of Former Legislators (NFFL), questioned whether INEC has a constitutional obligation to remove parties that fail to meet specified electoral thresholds. The plaintiffs argued that the ADC and the other parties had not secured the required electoral victories, thus jeopardizing the integrity of the electoral system.
Notably, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supported the plaintiffs’ position, asserting that the continued existence of these parties violated the 1999 Constitution and undermined electoral integrity.
In response to the trial court’s decision, the defendants, including INEC, sought relief from the appellate court, ultimately leading to the recent ruling reinstating their status.
