By The Analyst News Desk
ABUJA, Nigeria — The Court of Appeal in Abuja has overturned a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, ruling that the earlier decision was legally invalid.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the lower court lacked the jurisdiction to entertain the case because it was initiated by an entity that had no legal standing to institute the action.
The Court of Appeal further ruled that there was no competent suit before the trial court to justify an order compelling INEC to withdraw recognition from the affected political parties.
The appellate court also found that the trial court failed to properly assess evidence presented by the defendants, including records indicating that the parties had won elective positions in previous elections. It additionally faulted the lower court for proceeding with the case despite an earlier directive ordering a stay of proceedings pending appeal.
Justice Abba Mohammed, who delivered the lead judgment, declared that the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) remain legally registered political parties and are entitled to continue participating in Nigeria's democratic process.
The court also awarded costs against the National Forum of Former Legislators (NFFL), the group that instituted the suit seeking the parties' deregistration.
The case stemmed from a Federal High Court judgment delivered on June 15, which had ordered INEC to deregister the five parties on the grounds that they allegedly failed to satisfy constitutional performance requirements for political parties. The lower court had also barred INEC from recognising the parties or accepting candidates nominated by them for future elections, including the 2027 general elections.
However, the Court of Appeal held that the trial court acted in error by proceeding with the matter despite an earlier appellate order directing it to suspend proceedings. The appellate panel criticised the disregard for judicial hierarchy, describing such conduct as inconsistent with established legal principles.
The NFFL had argued that the affected political parties failed to meet constitutional and electoral thresholds required for continued registration. The group maintained that the parties did not achieve the minimum electoral performance prescribed under relevant constitutional provisions and the Electoral Act.
Following the appellate judgment, the legal status of the five political parties has been fully restored, pending any further appeal that may be filed before the Supreme Court.
The ruling is expected to have significant implications for Nigeria's political landscape as preparations gradually intensify for the 2027 general elections. It also reinforces the importance of due process, jurisdiction, and adherence to judicial hierarchy in electoral litigation.
— The Analyst Online Media
Tags
Judiciary | Politics