The Court of Appeal in Abuja has overturned a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over their alleged failure to satisfy constitutional requirements.
In a unanimous decision delivered by a three-member panel, the appellate court ruled that the judgment of the lower court was invalid, holding that it was based on a suit that was incompetent from the outset.
Delivering the lead judgment, Justice Abba Mohammed held that the Federal High Court lacked the jurisdiction to entertain the case because it was filed by an entity without the legal capacity to institute the action.
The court stated that since there was no competent suit before the trial court, there was no legal basis for the order directing INEC to deregister the affected political parties.
It also found that the lower court failed to properly assess the evidence presented before it, noting that documents showing the parties had won elective positions in previous elections were not given due consideration.
The appellate court further held that the trial judge proceeded with the matter despite an earlier directive ordering a stay of proceedings pending the determination of an appeal.
It ruled that the suit ought to have been dismissed for want of jurisdiction and lack of merit, adding that the affected political parties remain legally registered.
The court subsequently upheld the separate appeals filed by the political parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the case.
Besides the ADC, the other parties whose registrations were restored are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP).
The Court of Appeal had earlier, on June 16, stayed the execution of the Federal High Court judgment and criticised the trial judge for proceeding with the case despite an existing order directing him to halt further proceedings.
The appellate court said Justice Peter Lifu ignored its May 22 order after being duly notified and went ahead to deliver judgment.
It described the action as “a form of judicial impertinence,” noting that the Supreme Court had previously held that a judge who acts in such a manner is “unfit for the bench,” as such conduct amounts to “judicial rascality.”
Justice Lifu had ordered INEC to deregister the five political parties after ruling that they failed to meet the constitutional conditions required to retain their registration and participate in future elections.
The trial court also restrained INEC from recognising the parties, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.
In addition, the court directed the parties to stop presenting themselves as registered political parties.
The suit was filed by the National Forum of Former Legislators, which argued that INEC has a constitutional responsibility under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and its regulations to deregister political parties that fail to meet stipulated electoral performance thresholds.
According to the group, the affected parties failed to secure at least 25 per cent of votes in a state during a presidential election or win any elective office at the federal, state or local government levels, as required by law.
The plaintiffs also argued that the ADC and the four other parties recorded poor performances in the 2023 general elections and subsequent by-elections, failing to win seats across the various tiers of government.
They maintained that allowing the parties to remain registered despite their electoral performance undermined the credibility and integrity of Nigeria’s electoral process.
