The Court of Appeal in Abuja has set aside the Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The affected parties are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
In a unanimous judgment delivered by a three-member panel, the appellate court ruled that the order issued by the Federal High Court on June 15 was a nullity because the trial court acted without jurisdiction.
The court held that the suit filed by the National Forum of Former Legislators (NFFL) was incompetent and that the High Court should not have proceeded with the matter.
The appellate court also faulted Justice Peter Lifu for continuing with the case despite an earlier order made on May 22 directing him to stay proceedings pending the determination of an appeal filed by the political parties.
According to the court, the trial judge acted in defiance of the judicial hierarchy, and the substantive suit ought to have been dismissed for want of jurisdiction and merit.
Justice Abba Mohammed, who delivered the lead judgment, declared that all the affected political parties remain duly registered and awarded costs against the NFFL.
The Federal High Court had earlier directed INEC to deregister the five parties, barred the commission from recognising them, and prohibited them from participating in activities related to the 2027 general elections.
The NFFL had argued that the parties failed to meet the constitutional performance thresholds under Section 225A of the 1999 Constitution (as amended), including winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state or local government level.
The plaintiffs claimed that the parties performed poorly in the 2023 general elections and subsequent by-elections and should therefore lose their registration.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), had supported the suit, arguing that retaining parties that failed to meet constitutional requirements undermined electoral integrity.
However, all the defendants, including INEC, appealed against the judgment.
Reacting to the ruling, the ADC described it as a correction of a grave miscarriage of justice.
In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said the appellate court vindicated its position that the suit was legally defective and unsupported by evidence.
ADC National Chairman Senator David Mark said the attempt to deregister the party amounted to an assault on Nigeria’s multiparty democracy and praised the Court of Appeal for defending constitutional rights and political pluralism.
Former Vice President Atiku Abubakar, the ADC’s presidential candidate for the 2027 elections, said political contests must be decided by voters and not through court actions.
Atiku stated that the judgment reaffirmed the rule of law and confirmed the ADC’s legal standing to participate in the 2027 polls.
In Osun State, the Commissioner for Information and Public Enlightenment, Kolapo Alimi, said the ruling had ended attempts to keep Governor Ademola Adeleke off the ballot ahead of the August 15 governorship election.
Meanwhile, the Inter-Party Advisory Council (IPAC) called on the National Judicial Council (NJC) to investigate court judgments it considers inconsistent with the Constitution, saying the Court of Appeal decision had strengthened confidence in the judiciary and Nigeria’s multiparty democratic system.
