Court of Appeal Restores ADC, Four Other Political Parties, Voids High Court Deregistration Order

The Court of Appeal has overturned a Federal High Court ruling that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties ahead of the 2027 general elections.

In a unanimous judgment delivered in Abuja, a three-member panel ruled that the lower court’s decision was invalid because it was based on an incompetent suit filed by a non-juristic entity.

According to the appellate court, the Federal High Court wrongly assumed jurisdiction and had no legal basis to order INEC to withdraw recognition from the affected political parties.

The court also held that the trial judge failed to properly consider evidence showing that the parties had won elective offices in previous elections. It further criticised the lower court for proceeding with the matter despite an earlier appellate order directing a stay of proceedings.

Delivering the lead judgment, Justice Abba Mohammed ruled that the case should have been dismissed for want of jurisdiction and merit, declaring that all five political parties remain validly registered.

The Court of Appeal allowed the separate appeals filed by the parties and ordered the National Forum of Former Legislators (NFFL), the plaintiff in the case, to pay costs.

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

The appellate court also revisited its earlier criticism of Justice Peter Lifu of the Federal High Court, who delivered the disputed judgment despite an order issued on May 22 directing him to suspend proceedings.

Describing his conduct as “a form of judicial impertinence,” the court cited a Supreme Court position that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”

The original suit, filed by the National Forum of Former Legislators, argued that the five parties failed to satisfy the electoral performance thresholds outlined in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.

The plaintiffs contended that the parties failed to secure the constitutionally required electoral performance, including winning at least 25 per cent of votes in a state during a presidential election or obtaining elective offices at the national, state or local government levels.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit, arguing that INEC’s continued recognition of the parties was inconsistent with constitutional provisions.

Following appeals by the affected political parties and INEC, the Court of Appeal has now nullified the Federal High Court’s ruling, effectively restoring the legal status of all five parties.

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