Court of Appeal Voids ADC Deregistration Order, Says High Court Acted Without Jurisdiction

The Court of Appeal has nullified the Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, ruling that the decision was made without jurisdiction and in defiance of an existing court order.

The appellate court set aside the judgment delivered by Justice Peter Lifu, declaring it a nullity and criticising the trial judge’s conduct as “judicial impertinence” and “judicial rascality.”

The ruling restores the legal status of the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), all of which had been ordered deregistered by the lower court.

Delivering the lead judgment, Justice Abba Mohammed held that the Federal High Court entertained an incompetent suit filed by a non-juristic entity and therefore lacked jurisdiction to make the consequential orders against INEC.

The appellate court also found that the trial court disregarded its earlier directive of May 22 ordering a stay of proceedings while appeals were pending.

According to the panel, there was no competent action before the court to justify directing INEC to withdraw recognition from the affected political parties. It further held that the trial judge failed to properly evaluate evidence, including proof that the parties had won elective offices in previous elections.

The Court of Appeal noted that Justice Lifu proceeded with the case despite being aware of the stay order, describing the action as “a form of judicial impertinence.” It added that the Supreme Court had previously ruled that a judge engaging in such conduct “is unfit for the bench, as the conduct amounts to judicial rascality.”

The case originated from a suit filed by the National Forum of Former Legislators (NFFL), which argued that the five political parties failed to meet constitutional performance thresholds under Section 225A of the Constitution and should therefore be deregistered. The Attorney General of the Federation, Prince Lateef Fagbemi (SAN), backed the plaintiffs’ position before the trial court.

Following the appellate court’s ruling, ADC welcomed the judgment, describing it as a victory for the rule of law.

National Publicity Secretary Mallam Bolaji Abdullahi said: “The ADC has always maintained its confidence in the judicial process. We are gratified that the Court of Appeal has reaffirmed the rule of law, corrected a grave miscarriage of justice, and protected the constitutional rights of political parties against unlawful interference.”

ADC National Chairman Senator David Mark said the attempt to remove the party from the political landscape amounted to “a direct assault on multiparty democracy.”

Former Vice President Atiku Abubakar also praised the judgment, insisting: “Political contests must be decided by the votes of Nigerians, not by contrived lawsuits seeking to achieve in the courtroom what cannot be won at the ballot box.”

Governor Ademola Adeleke’s camp said the judgment had removed legal obstacles to his re-election bid on the Accord Party platform, while the Inter-Party Advisory Council (IPAC) urged the National Judicial Council to investigate judgments it believes are inconsistent with constitutional provisions.

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