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

In a unanimous judgment by a three-member panel, the appellate court held that the June 15 ruling of the Federal High Court was a nullity because it was based on an incompetent suit filed by a non-juristic entity.

The court said there was no valid case before the trial court to justify the order directing INEC to deregister the political parties. It also ruled that the lower court wrongly assumed jurisdiction and failed to properly assess the evidence before it, including proof that the affected parties had won seats in previous elections.

The appellate court further held that the Federal High Court ignored an earlier order directing it to stay proceedings in the matter. It said the lower court should have dismissed the case for lack of jurisdiction and merit.

In the lead judgment delivered by Justice Abba Mohammed, the Court of Appeal ruled that all the affected political parties remain duly registered.

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

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

The appellate court had earlier, on June 16, stayed the execution of the Federal High Court judgment. It also criticised the trial judge, Justice Peter Lifu, for failing to obey its earlier order of May 22 directing him to halt proceedings pending the outcome of an appeal.

The panel said Justice Lifu proceeded to deliver judgment despite being informed of the stay order.

It described his action as “a form of judicial impertinence,” adding 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.”

The Federal High Court had earlier ordered INEC to deregister the five political parties, saying they failed to meet the constitutional requirements for continued registration.

It also barred INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections.

Justice Lifu held that the suit filed by the National Forum of Former Legislators had merit and ordered the parties to stop presenting themselves as registered political parties.

In the suit marked FHC/ABJ/CS/2637/2026, the NFFL asked the court to determine whether INEC was constitutionally required to deregister political parties that failed to meet the electoral performance thresholds under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.

The group argued that the five parties had failed to meet the constitutional benchmarks needed to retain their registration. It said the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.

According to the plaintiffs, the parties performed poorly in the 2023 general elections and subsequent by-elections and failed to win seats across key levels of government.

The NFFL maintained that the continued recognition of the parties was unlawful and weakened 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 case, supported the plaintiffs.

In court documents, the AGF argued that the continued existence of the parties violated the provisions of the 1999 Constitution (as amended) and undermined the country’s electoral integrity.

He also argued that unless the court intervened, INEC would continue to breach its constitutional duty by retaining political parties that no longer met the legal requirements.

Following the High Court judgment, all the defendants, including INEC, challenged the decision at the Court of Appeal, which has now set it aside. (Al Jazeera)

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