Abuja — The Court of Appeal sitting in Abuja has overturned the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

In a unanimous judgment delivered on Tuesday, a three-member panel of justices led by Justice Abba Mohammed held that the June 15 decision of the Federal High Court was a nullity because it was delivered without jurisdiction.

The appellate court ruled that the lower court wrongly assumed jurisdiction over a suit filed by a non-juristic entity, making the proceedings and the consequential order directing INEC to deregister the affected political parties legally invalid.

According to the court, there was no competent suit before the Federal High Court that could have justified the order for deregistration.

The Court of Appeal further held that the trial court failed to properly evaluate the evidence presented, noting that proof showing the affected political parties had won elective seats in previous elections was ignored.

The appellate court also faulted the lower court for continuing with the case despite an earlier order directing it to stay proceedings pending the determination of an interlocutory appeal.

Consequently, the appellate court held that the substantive suit ought to have been dismissed for lack of jurisdiction and merit.

The court allowed the separate appeals filed by the political parties, restored their registration, and awarded costs against the National Forum of Former Legislators, which instituted the suit.

The affected political parties are:

• African Democratic Congress (ADC)
• Action Peoples Party (APP)
• Action Alliance (AA)
• Accord Party
• Zenith Labour Party (ZLP)

The court declared that all five political parties remain duly registered and are legally recognized by INEC.

The appellate court had earlier, on June 16, stayed the execution of the Federal High Court’s judgment pending the determination of the appeals.

Court Criticises Trial Judge

In its judgment, the Court of Appeal criticized the conduct of Justice Peter Lifu for proceeding with the case despite an earlier order issued on May 22 directing him to stay proceedings until the interlocutory appeal was determined.

The appellate court noted that Justice Lifu’s attention had been drawn to the stay order, yet he proceeded to deliver judgment.

READ ALSO: Appeal Court reserves judgement onDe-registration of ADC, Accord Party, APP, AA, ZLP

Describing the action as “a form of judicial impertinence,” the court cited previous Supreme Court decisions, stating that a judge who disregards a valid stay of proceedings acts contrary to established judicial principles.

Background

Justice Peter Lifu of the Federal High Court had ordered INEC to deregister the five political parties after ruling that they failed to meet the constitutional requirements for continued registration.

He also restrained INEC from recognizing the parties, accepting candidates sponsored by them, or giving effect to their activities ahead of the 2027 general elections.

The judgment arose from Suit No. FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators.

The plaintiff argued that under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations, political parties that failed to meet prescribed electoral performance thresholds should be deregistered.

According to the forum, the affected parties neither secured at least 25 percent of votes in any state during a presidential election nor won any elective seats at the national, state, or local government levels as required by law.

The group further maintained that the parties’ poor electoral performance in the 2023 general election and subsequent by-elections made their continued registration unconstitutional and detrimental to Nigeria’s electoral process.

However, the Court of Appeal has now set aside the Federal High Court’s judgment, affirming that the five political parties remain legally registered pending any lawful action to the contrary.

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