Appeal court judgement on party registration: We are vindicated, by ADC

By Lateef Ibrahim, Abuja

The African Democratic Congress, ADC, has described the decision of the Court of Appeal on the party and others as a vindication of the position consistently maintained by the party from the outset

The ADC also said that it is delighted that the Court of Appeal further upheld “our contention that the plaintiffs lacked the requisite locus standi to institute the action in the first place.

The party said this in a statement on Tuesday by its National Publicity Secretary,Mallam Bolaji in Abuja.

The ADC, in the statement said, ”

The African Democratic Congress (ADC) welcomes the unanimous judgment of the Court of Appeal setting aside in its entirety the judgment of the Federal High Court which directed the Independent National Electoral Commission (INEC) to deregister the ADC and four other political parties.

“We take particular note of the declaration of the Court of Appeal that the trial judge, Justice Peter Lifu actually concocted evidence in favour of the plaintiff on this matter while accusing the judge of flagrant disobedience to the directives of the superior court, describing his conduct as judicial in55+_discipline, impertinence and insubordination.

“The ADC described the decision of the Court of Appeal as vindication of the position consistently maintained by the party from the outset: that the case does not have any merit, and the proceedings are fundamentally flawed in law, unsupported by evidence, and incapable of producing a valid judgment.

“We are also delighted that the Court of Appeal further upheld our contention that the plaintiffs lacked the requisite locus standi to institute the action in the first place.

” In striking out the case for want of jurisdiction, the court of appeal declared that the plaintiffs failed to demonstrate any legal interest peculiar to themselves, relying instead on speculative assertions that they had previously contested elections and might do so again in future, which The Court had found insufficient to invoke the jurisdiction.

“The appellate court held that the plaintiffs failed to establish their claims by credible evidence. It reaffirmed that INEC, the constitutional regulator of political parties, had placed unchallenged evidence before the court confirming that the ADC satisfied the constitutional and electoral requirements for its continued existence.

The Court equally rejected the reasoning adopted by the trial court concerning elected members of the ADC. It would be recalled that despite affidavit evidence showing that the ADC had returned elected representatives, including three members from Kogi State, the trial court, in giving its now discredited judgment had concluded that those members had defected to another political party, even though no evidence whatsoever of any such defection existed before the court.

“The ADC also considers as extraordinary, finding by the Appeal Court that Justice Peter Lifu concocted evidence in resolving the dispute in favour of the Plaintiff. We believe this goes to the very heart of the integrity of theJudiciary and the judicial process.

“We note that this is the second time in cases involving the ADC that Justice Peter Lifu would be coming under serious indictment by the superior court for wilful disobedience and judicial insubordination impertinence.

“We therefore wonder whether such a roundly discredited judge should be allowed to sit on the bench even for a day longer.

“In asking the court to deregister the ADC and four other political parties, the plaintiffs, which curiously would later include the Attorney General of the Federation, Lateef Fagbemi, had relied on their weird interpretation of Section 225A of the Constitution which specified the criteria that a political must meet to continue to exist.

“In delivering its judgment, the Court of Appeal noted the contradiction in the trial court’s interpretation of Section 225A. “According to the appellate court having accepted the proper constitutional interpretation, the trial court nevertheless proceeded to arrive at conclusions inconsistent with both the Constitution and the evidence before it.

“The Court of Appeal therefore concluded that the African Democratic Congress satisfies the constitutional threshold for recognition as a political party and remains fully entitled to continue its political activities under the Constitution and the Electoral Act.

“We consider this judgment significant, not merely because it restores the rights of the affected political parties but because it reinforces an enduring constitutional principle: that judicial authority must always be exercised within the bounds of the law, in obedience to superior court orders, and on the basis of evidence properly before the court.

“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.

‘Our focus remains unchanged. We will continue to strengthen our party, deepen democratic participation, and offer Nigerians the credible alternative they deserve”, the party concluded.