The Court of Appeal in Abuja has overturned the ruling ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties for allegedly violating constitutional standards. In a unanimous ruling by a panel of three justices, the appellate court determined that the Federal High Court's June 15 directive to the electoral board was void. It was decided that the high court had improperly taken jurisdiction and issued an order on a non-juridical entity's incompetent lawsuit.
The appeal court ruled that any legitimate lawsuit could not have justified the subsequent decision directing INEC to derecognize the political parties. It pointed out that the trial court neglected to adequately consider the information presented to it, emphasizing that evidence showing the parties had won different seats in prior elections was disregarded.
Additionally, it concluded that the high court disregarded an order directing it to halt the case's proceedings. It concluded that the substantive case should have been dismissed by the high court due to lack of jurisdiction and merit.
As a result, the appeal court determined that all of the impacted political parties were still properly registered in its lead ruling, which was given by Justice Abba Mohammed. It granted monetary costs against the National Forum of Former Legislators (NFFL), which had brought the lawsuit against the political parties, and permitted their individual appeals.
The appellate court restored the registration of the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) in addition to the ADC.
Recall that on June 16, the appeal court chastised the trial judge for ignoring the judicial hierarchy while simultaneously ordering a stay of execution of the High Court ruling.
The panel chastised Justice Peter Lifu of the Federal High Court in Abuja for defying an order it issued on May 22 instructing him to halt the case's progress until the parties' appeal was resolved.
It held that Justice Lifu’s action was “a form of judicial impertinence," stressing that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality."
It will be recalled that the High Court had directed INEC to deregister the five political parties, which it said had failed to meet the constitutional requirements needed to warrant their continued existence and participation in future elections.
It also barred INEC from according further recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for purposes of participating in the 2027 general elections.
Judge Lifu declared that the NFFL's lawsuit had substance and ordered the defendants to cease posing as officially recognized political parties in the nation.
In the lawsuit designated FHC/ABJ/CS/2637/2026, the NFFL asked the court to rule on whether INEC is required by the Constitution to expel political parties that do not meet the electoral performance standards outlined in Section 225A of the 1999 Constitution (as amended), which are further supported by the Electoral Act 2022 and INEC's regulations.
The plaintiffs argued that the five political parties named as defendants had consistently fallen short of the constitutional standards necessary to maintain their registration.
