Breaking: Appeal Court nullifies order for deregistration of ADC, others ahead of 2027 elections

The Court of Appeal in Abuja has nullified the judgment of the Federal High Court that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements. Blueprint reports

In a unanimous judgment delivered by a three-member panel of justices, the appellate court held that the June 15 decision of the lower court was a nullity, ruling that the trial court lacked the jurisdiction to entertain the suit that culminated in the deregistration order. Blueprint reports

The court consequently restored the legal status of the affected political parties, allowing separate appeals filed by the parties and awarding costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

High Court lacked jurisdiction

Delivering the lead judgment, Justice Abba Mohammed held that the Federal High Court wrongly assumed jurisdiction over a suit that was incompetent from the outset because it was instituted by a non-juristic entity.

According to the appellate court, there was no valid action before the lower court upon which it could lawfully make consequential orders directing INEC to deregister the political parties.

The court further held that the trial judge failed to properly evaluate the evidence before him, particularly materials showing that the affected parties had won elective offices in previous elections.

It also ruled that the lower court should have dismissed the substantive suit for want of jurisdiction and merit instead of proceeding to determine the case.

Court faults trial judge

The appellate court also criticised the conduct of the trial court, noting that it proceeded to deliver judgment despite an earlier directive ordering a stay of proceedings pending the determination of an appeal.

It recalled that on June 16, it had granted a stay of execution of the Federal High Court’s judgment after observing that the trial judge failed to comply with an earlier order issued on May 22 directing him to suspend proceedings in the matter.

The appellate court described the action of the trial judge as a violation of the judicial hierarchy.

It stated that despite being notified of the order staying proceedings, the judge proceeded to deliver judgment.

The panel described the conduct as “judicial impertinence” and referred to previous decisions of the Supreme Court, which held that a judge who deliberately disregards the authority of a superior court undermines the administration of justice.

Five parties retain registration

With the judgment, the Court of Appeal affirmed that all five affected political parties remain duly registered and are legally recognised by INEC.

The parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP).

The decision means the parties remain eligible to participate in Nigeria’s political process, including preparations for the 2027 general elections, pending any further appeal.

How the dispute began

The legal dispute arose after the National Forum of Former Legislators filed a suit marked FHC/ABJ/CS/2637/2026, asking the Federal High Court to compel INEC to deregister the five political parties.

The group argued that the parties had failed to satisfy the electoral performance thresholds contained in Section 225A of the 1999 Constitution (as amended), relevant provisions of the Electoral Act 2022 and INEC’s regulations.

According to the plaintiffs, political parties are required to secure at least 25 per cent of votes in a state during a presidential election or win at least one elective office at the federal, state or local government level to justify retaining their registration.

The forum maintained that the affected parties failed to meet those constitutional benchmarks during the 2023 general elections and subsequent by-elections.

High Court judgment

Justice Peter Lifu of the Federal High Court had agreed with the plaintiffs and ordered INEC to deregister the five political parties.

The court further restrained the electoral commission from recognising the parties, accepting candidates nominated by them or permitting them to participate in activities relating to the 2027 general elections.

Justice Lifu held that the parties no longer met the constitutional requirements for continued existence as registered political parties.

AGF backed deregistration

During the proceedings before the Federal High Court, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit filed by the former legislators.

The Attorney General argued that retaining political parties that allegedly failed to satisfy constitutional requirements undermined Nigeria’s electoral integrity and amounted to a breach of INEC’s constitutional obligations.

However, dissatisfied with the judgment, the affected political parties and INEC separately approached the Court of Appeal, urging it to set aside the decision.

Their appeals have now succeeded, with the appellate court nullifying the Federal High Court’s judgment and restoring the registration of the five political parties, a decision that could have significant implications for the political landscape ahead of the 2027 general elections.