The Court of Appeal has nullified a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister five political parties, ruling that the lower court acted without jurisdiction.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court declared the earlier ruling “null and void”, effectively restoring the legal status of the affected parties.
The parties covered by the decision are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
The court held that the Federal High Court lacked the jurisdiction to entertain the suit in the first place, describing the proceedings and the eventual judgment as a legal nullity.
In a strongly worded verdict, the appellate court criticised the lower court for delivering its judgment despite an existing order from the Court of Appeal directing a stay of proceedings, including the delivery of judgment.
The panel said the trial court’s action amounted to “judicial impertinence” and what the Supreme Court has previously described as “judicial insubordination.”
The Court of Appeal also ruled that the first respondent lacked the legal standing (locus standi) to institute the suit, further invalidating the entire proceedings.
The decision brings an end to the Federal High Court’s order mandating INEC to deregister the five political parties, reaffirming that the lower court’s judgment has no legal effect.
