The Court of Appeal in Abuja has overturned 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.
In a unanimous decision, a three-member panel of the appellate court ruled that the June 15 judgment of the Federal High Court was invalid and of no legal effect.
The court held that the lower court lacked jurisdiction to hear the matter because the suit was filed by a non-juristic entity, making the entire proceedings incompetent.
The appellate court also found that the trial court failed to properly consider evidence showing that the affected political parties had won elective seats in previous elections. It further ruled that the lower court acted despite an earlier order directing it to stay proceedings pending the determination of an appeal.
Delivering the lead judgment, Justice Abba Mohammed declared that the five political parties remain legally registered and allowed the appeals filed by the parties. The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the original suit.
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The political parties whose registrations have been 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 granted a stay of execution of the Federal High Court judgment and criticised the trial judge for delivering judgment despite an order to suspend proceedings.
The appellate court described the action as judicial impertinence, noting that the Supreme Court has previously held that such conduct amounts to judicial rascality and is inconsistent with the standards expected of the judiciary.
The Federal High Court had directed INEC to deregister the five parties over alleged failure to satisfy the constitutional requirements contained in Section 225A of the 1999 Constitution, as amended.
The judgment also barred INEC from recognising the parties, accepting nominations from them or allowing them to participate in the 2027 general elections.
The suit was filed by the National Forum of Former Legislators, which argued that the parties failed to meet constitutional thresholds by not securing at least 25 per cent of votes in a state during a presidential election or winning elective offices at the national, state or local government levels.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supported the position of the plaintiffs, arguing that retaining the parties contravened constitutional provisions and weakened electoral integrity.
However, following appeals by the affected parties and INEC, the Court of Appeal has now set aside the entire judgment, restoring the legal status of all five political parties.
