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 delivered by a three-member panel, the appellate court vacated the June 15 order, declaring it a “nullity.” The court ruled that the lower court lacked jurisdiction to entertain the case, which was filed by a “non-juristic entity.”
Beyond restoring the parties’ legal status, the appellate court issued a stinging rebuke of the trial judge, Justice Peter Lifu, describing his decision to ignore a superior court’s order as “judicial impertinence” and “judicial rascality.”
Parties Restored
In addition to the ADC the four other parties whose registration and recognition have been fully restored are:
Action Peoples Party (APP)
Action Alliance (AA)
Accord Party (AP)
Zenith Labour Party (ZLP)
The lead judgment, delivered by Justice Abba Mohammed, held that all five parties remain duly registered and eligible to participate in future elections, including the 2027 general polls.
The appellate court found several fatal flaws in the lower court’s proceedings. Justice Mohammed noted that the suit, initiated by the National Forum of Former Legislators (NFFL), was incompetent from the outset.
Furthermore, the court held that the trial judge failed to evaluate evidence proving that the affected parties had, in fact, won various seats in previous elections—a key requirement for maintaining registration under Section 225A of the 1999 Constitution.
Rebuking the Trial Judges
A significant portion of the judgment focused on Justice Lifu’s defiance of the judicial hierarchy. The appellate court recalled that it had issued an order on May 22 directing the High Court to stay proceedings pending the outcome of an appeal. Justice Lifu, however, proceeded to deliver his judgment on June 15.
The panel berated the judge’s actions, noting that the Supreme Court has previously held that a judge who intentionally flouts superior orders is “unfit for the bench.” The appellate court awarded monetary costs against the NFFL for filing the “incompetent” suit.
The legal battle began when the NFFL asked the High Court to compel INEC to deregister the parties for allegedly failing to meet constitutional performance thresholds. Under Nigerian law, parties must win at least 25% of votes in a state during a presidential election or secure at least one elective seat at the local, state, or national level.
The Attorney General of the Federation (AGF), Prince Lateef Fagbemi, SAN, had supported the NFFL’s position, arguing that the continued existence of the parties undermined electoral integrity.
However, with the appellate court’s ruling, the ADC and its counterparts have successfully fended off the attempt to delist them, securing their participation in the upcoming 2027 political cycle.
