Appeal Court Reinstates ADC, Four Other Political Parties, Nullifies Deregistration Order

The Court of Appeal in Abuja has set aside a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, ruling that the lower court lacked the jurisdiction to entertain the suit.

In a unanimous judgment delivered on Tuesday, a three-member panel of the Court of Appeal held that the June 15 ruling of the Federal High Court directing INEC to deregister the affected parties was a nullity because it arose from an incompetent suit filed by a non-juristic entity.

Delivering the lead judgment, Justice Abba Mohammed ruled that there was no valid action before the lower court that could sustain the consequential order directing INEC to withdraw recognition from the political parties.

The appellate court held that the trial court wrongly assumed jurisdiction, failed to properly evaluate the evidence before it and ignored proof that the affected parties had won elective seats in previous elections.

It further faulted the Federal High Court for proceeding with the matter despite an earlier order of the Court of Appeal directing it to stay proceedings pending the determination of an appeal.

According to the appellate court, the trial court ought to have dismissed the suit for lack of jurisdiction and merit.

Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties, restored their legal status and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).

The latest judgment reinforces an earlier decision of the Court of Appeal delivered on June 16, which stayed the execution of the Federal High Court’s ruling and criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an appellate court order directing him to halt proceedings.

The appellate panel had described the judge’s action as “judicial impertinence,” citing previous Supreme Court decisions that characterised such conduct as “judicial rascality.”

The Federal High Court had earlier ruled that the five political parties failed to satisfy the constitutional requirements for continued registration and participation in elections. It directed INEC to deregister the parties and barred the commission from recognising them or accepting candidates sponsored by them for the 2027 general elections.

The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators, which argued that the parties failed to meet the electoral performance thresholds stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC regulations.

The plaintiffs contended that the parties did not secure the required electoral performance in the 2023 general elections and subsequent by-elections, making their continued registration unconstitutional.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the plaintiffs’ position before the lower court, arguing that INEC had a constitutional obligation to deregister political parties that failed to meet the prescribed legal thresholds.

However, with the Court of Appeal’s latest ruling, the ADC, APP, AA, Accord Party and ZLP remain legally recognised political parties and are eligible to participate in Nigeria’s electoral process unless the judgment is overturned by the Supreme Court.