Court of Appeal Nullifies Order Deregistering ADC, Four Other Political Parties

By Vivian Okejeme

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

The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), which had been accused of failing to meet the constitutional requirements for continued registration.

In a unanimous judgment delivered by a three-member panel of justices, the Court of Appeal held that the decision of the Federal High Court amounted to a nullity.

The appellate court ruled that the June 15 judgment was delivered without jurisdiction, having arisen from an incompetent suit filed by a non-juristic entity.

According to the court, there was no valid suit upon which the trial court could have based its consequential order directing INEC to deregister the political parties.

The court further held that the trial judge failed to properly evaluate the evidence before him, noting that proof showing the affected parties had won elective seats in previous elections was ignored.

It also found that the Federal High Court acted in defiance of an earlier order of the Court of Appeal directing it to stay proceedings pending the determination of an appeal.

The appellate court held that the lower court ought to have dismissed the substantive suit for want of jurisdiction and lack of merit.

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

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

Earlier, on June 16, the Court of Appeal had granted a stay of execution of the High Court judgment and criticised the trial judge for disregarding the judicial hierarchy.

The appellate court held that the lower court disobeyed its May 22 order directing it to stay proceedings pending the determination of the appeal.

It noted that despite the trial judge’s attention being drawn to the order staying proceedings, he deliberately ignored it and proceeded to deliver judgment.

The court described Justice Lifu’s 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.”

It will be recalled that the Federal High Court had directed INEC to deregister the five political parties on the grounds that they failed to meet the constitutional requirements for continued existence and participation in future elections.

The court also barred INEC from according further recognition to the parties, accepting candidates nominated by them, or recognising their participation in the 2027 general elections.

Justice Lifu held that the defendants should cease presenting themselves as registered political parties, having found merit in the suit filed by the NFFL.

In the suit marked FHC/ABJ/CS/2637/2026, the NFFL asked the court to determine whether INEC had a constitutional obligation to deregister political parties that failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC Regulations.

The plaintiffs argued that the five political parties had consistently failed to meet the constitutional benchmarks required to retain their registration.

According to the NFFL, the constitutional requirements include securing at least 25 per cent of the votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.

The plaintiffs further contended that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections conducted by INEC, failing to win seats across key levels of government.

They maintained that the continued recognition of the parties by INEC was unlawful and undermined 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 suit, supported the plaintiffs’ position.

In court filings, the Attorney-General argued that the continued existence of the political parties violated the provisions of the 1999 Constitution (as amended) and undermined the country’s electoral integrity.

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

However, dissatisfied with the Federal High Court’s decision, all the defendants, including INEC and the affected political parties, appealed the judgment, urging the Court of Appeal to set it aside.