…Says Federal High Court Lacked Jurisdiction
By Our Correspondent
The Court of Appeal in Abuja has overturned the Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties, clearing the way for their participation in the 2027 general elections.
In a unanimous ruling delivered on Tuesday, a three-member panel headed by Justice Abba Mohammed held that the Federal High Court had no jurisdiction to entertain the suit that resulted in the deregistration order.
The appellate court declared the June 15 judgment delivered by Justice Peter Lifu a nullity, ruling that the case was incompetent because it was initiated by a body that lacked legal capacity to institute the action.
The decision restores the legal status of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP), all of which had faced the possibility of exclusion from the 2027 elections.
The Appeal Court also criticized the Federal High Court for proceeding to determine the substantive matter despite an existing order staying proceedings pending the outcome of an interlocutory appeal.
According to the panel, Justice Lifu had been informed of the appellate court’s May 22 order directing that proceedings be suspended but nonetheless went ahead to deliver judgment.
Describing the action as judicial overreach, the court stated that the conduct amounted to “judicial impertinence,” noting that the Supreme Court had consistently condemned such actions as judicial rascality.
It ruled that the lower court ought to have declined jurisdiction and dismissed the suit.
The appellate court further held that the trial court failed to properly evaluate evidence presented before it, particularly evidence showing that the affected political parties had previously won elective offices.
Consequently, the court upheld the separate appeals filed by the five political parties, set aside the entire judgment of the Federal High Court, and awarded costs against the National Forum of Former Legislators, the plaintiff in the case.
It also declared that the five political parties remain validly registered under the law.
The judgment reverses the earlier Federal High Court decision directing the Independent National Electoral Commission (INEC) to deregister the parties and restraining the commission from recognizing them, accepting candidates sponsored by them, or acknowledging any of their political activities ahead of the 2027 elections.
The Court of Appeal had earlier, on June 16, stayed the execution of the lower court’s judgment pending the hearing and determination of the appeals.
Justice Lifu had based his earlier ruling on the argument that the parties failed to satisfy the constitutional conditions for continued registration under Section 225A of the 1999 Constitution, the Electoral Act 2022, and relevant electoral regulations.
The National Forum of Former Legislators had argued that the affected parties did not meet the prescribed electoral performance benchmarks, including securing at least 25 percent of votes in a state during a presidential election or winning elective positions at the federal, state, or local government levels.
The plaintiff further maintained that the parties’ performance in the 2023 general elections and subsequent by-elections made their continued registration unconstitutional.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant, supported the plaintiff’s position before the trial court.
However, the affected political parties, alongside INEC, challenged the ruling at the Court of Appeal, urging the appellate court to overturn the deregistration order.
With Tuesday’s judgment, the Court of Appeal has removed the legal uncertainty surrounding the five political parties, restoring them fully to Nigeria’s political landscape ahead of the 2027 general elections.
The ruling is particularly significant for the ADC, which has recently attracted increased political interest as one of the opposition platforms expected to play a prominent role in the next electoral cycle.
