The Court of Appeal in Abuja has nullified a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, restoring their legal status and clearing the way for their participation in future elections.
In a unanimous judgment delivered by a three-member panel, the appellate court declared the June 15 ruling of the Federal High Court a nullity, holding that the lower court lacked the jurisdiction to entertain the suit that culminated in the deregistration order.
Delivering the lead judgment, Justice Abba Mohammed ruled that the trial court wrongly assumed jurisdiction over an incompetent suit filed by a non-juristic entity, stressing that no valid case existed to justify the consequential orders made against the affected political parties.
The Court of Appeal also faulted the trial court for failing to properly evaluate evidence before it, including documents showing that the parties had won elective seats in previous elections.
It further held that the Federal High Court acted in defiance of an earlier order of the appellate court directing it to stay proceedings pending the determination of the appeal.
The appellate court consequently allowed the separate appeals filed by the five political parties, affirmed that they remain duly registered political parties, and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the original suit.
The parties whose registrations were restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal had earlier, on June 16, stayed the execution of the Federal High Court judgment and criticised Justice Peter Lifu for proceeding to deliver judgment despite an appellate order issued on May 22 directing him to suspend proceedings pending the outcome of the appeal.
The appellate panel described the trial judge’s conduct as “a form of judicial impertinence,” noting that the Supreme Court had previously held that such conduct amounts to judicial rascality and renders a judge unfit for the Bench.
The Federal High Court had earlier directed the Independent National Electoral Commission (INEC) to deregister the five political parties for allegedly failing to satisfy the requirements of Section 225A of the 1999 Constitution (as amended).
It also restrained INEC from recognising the parties, accepting nominations of their candidates or giving effect to any of their activities ahead of the 2027 general elections, while directing them to stop presenting themselves as registered political parties.
The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional thresholds, including securing at least 25 per cent of votes in a state during a presidential election or winning elective offices at the federal, state or local government levels.
The plaintiffs maintained that the parties’ performance in the 2023 general elections and subsequent by-elections fell short of constitutional requirements for continued registration.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supported the plaintiffs’ case, arguing that retaining the parties on INEC’s register violated constitutional provisions and undermined the integrity of Nigeria’s electoral system.
However, the affected political parties, alongside INEC, challenged the judgment, leading to Tuesday’s Court of Appeal decision, which completely set aside the lower court’s ruling and reaffirmed their status as legally recognised political parties.
