Breaking: Court of Appeal nullifies deregistration order against ADC, 4 other parties

The Court of Appeal in Abuja has overturned 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.

In a unanimous decision delivered by a three-member panel of justices, the appellate court held that the Federal High Court’s June 15 judgment was a nullity, ruling that the trial court wrongly assumed jurisdiction over an incompetent suit filed by a non-juristic entity.

The decision means the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) remain duly registered political parties and eligible to participate in future elections, including the 2027 general elections.

The Court of Appeal held that there was no valid suit before the Federal High Court that could have justified the order directing INEC to deregister the affected political parties.

The appellate court ruled that the trial court failed to properly evaluate evidence presented before it, particularly evidence showing that the political parties had won various elective seats in previous elections.

It also held that the Federal High Court acted in defiance of an earlier order directing it to stay proceedings in the matter pending the determination of an appeal.

According to the Court of Appeal, the trial court ought to have dismissed the case for lack of jurisdiction and merit.

Justice Abba Mohammed, who delivered the lead judgment, held that all the affected political parties remained legally recognised.

The court also allowed separate appeals filed by the political parties and awarded monetary costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

Background to deregistration case

The controversy followed a suit filed by the National Forum of Former Legislators, marked FHC/ABJ/CS/2637/2026, seeking a declaration on whether INEC had a constitutional duty to remove political parties that failed to meet the requirements for continued registration.

The plaintiffs argued that the ADC and the four other parties failed to meet the electoral performance thresholds contained in Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022 and INEC regulations.

They claimed the affected parties performed poorly during the 2023 general elections and subsequent by-elections, failing to secure the required number of votes or elective positions at various levels of government.

The former legislators argued that the continued recognition of the parties undermined the integrity of Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who was also a defendant in the matter, supported the plaintiffs’ position, arguing that INEC was acting against constitutional provisions by retaining the parties.

Court criticises trial judge’s action

The Court of Appeal also criticised Justice Peter Lifu of the Federal High Court for delivering judgment despite an earlier order directing him to suspend proceedings.

The appellate court noted that Justice Lifu had been informed of the May 22 order directing a stay of proceedings but proceeded to deliver judgment.

It held that the action amounted to a disregard for judicial hierarchy and stated that lower courts must respect orders issued by superior courts.

The Court of Appeal had earlier, on June 16, ordered a stay of execution of the Federal High Court judgment pending the determination of the appeals.

ADC welcomes judgment

Reacting to the ruling, the Atiku Abubakar camp welcomed the decision, describing it as a landmark judgment that reaffirmed the supremacy of the rule of law.

In a statement, the group praised the Court of Appeal for upholding constitutional democracy and preventing what it described as an attempt to remove political parties from Nigeria’s democratic space through litigation.

It said the judgment, alongside an earlier ruling by Justice Liman of the Federal High Court, Abuja Division, affirming the election of the Senator David Mark-led executive of the ADC, had cleared the way for the party’s participation in the 2027 general elections.

The group noted that the appellate court found the Federal High Court judgment delivered on June 15 to be invalid because it was issued in violation of a subsisting order of the Court of Appeal.

It added that the court also found the respondents lacked the legal standing to institute the action and described their claims as speculative and legally unsustainable.

Party urges focus on ballot box

The Atiku camp described the judgment as more than a legal victory for ADC, saying it represented a victory for Nigerians who believe in free political competition.

It warned against using courts and state institutions as tools for eliminating political opponents, stressing that electoral contests should be decided by voters through the ballot box.

The group commended the Court of Appeal justices for what it described as a courageous, impartial and constitutionally grounded judgment, adding that the decision had strengthened confidence in Nigeria’s justice system and reaffirmed that the rule of law remains superior to political interests.