The Abuja Division of the Court of Appeal has overturned the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress.
In a unanimous judgment delivered on Tuesday, a three-member panel led by Justice Abba Mohammed declared the earlier ruling of the Federal High Court “null and void,” effectively restoring the legal status of the affected parties.
The appellate court held that the trial court lacked the jurisdiction to entertain the suit in the first instance and faulted its decision to proceed with judgment despite an earlier order from the Court of Appeal directing a stay of proceedings, including the delivery of judgment.
The parties affected by the ruling are the African Democratic Congress (ADC), the Action Peoples Party, the Action Alliance, the Accord Party, and the Zenith Labour Party.
The Federal High Court, presided over by Justice Peter Lifu, had earlier ordered INEC to deregister the parties over their electoral performance in the 2023 general elections.
Challenging the decision, the five political parties appealed, asking the Court of Appeal to set aside the judgment.
In its ruling, the appellate court described the lower court’s decision as “a nullity,” adding that the actions of the trial judge amounted to “judicial impertinence” and what the Supreme Court has previously described as “judicial insubordination.”
The court further ruled that the first respondent lacked the legal standing to institute the action, making the entire proceedings incompetent.
According to the panel, the evidence before the court showed compliance with Section 225A of the 1999 Constitution (as amended), which governs the deregistration of political parties.
“The evidence before the court clearly shows compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). The judgment of the trial judge was perverse,” the Court of Appeal held.
With the ruling, the appellate court set aside the Federal High Court’s judgment in its entirety, bringing an end to the deregistration order against the five political parties.
