The Court of Appeal in Abuja has set aside a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, restoring their legal status ahead of preparations for the 2027 general elections. (ICIR News)
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the lower court lacked the jurisdiction to entertain the suit that led to the deregistration order. The court declared the June 15 judgment a nullity, ruling that it was founded on an incompetent action instituted by an entity without the legal capacity to sue. (ICIR News)
The parties affected by the ruling are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP). The judgment effectively restores their recognition by INEC and allows them to continue political activities ahead of the next electoral cycle. (ICIR News)
The appellate court ruled that because there was no competent suit before the Federal High Court, the trial judge had no authority to issue consequential orders directing INEC to remove the parties from its register. It therefore nullified the entire proceedings and all orders arising from them. (ICIR News)
The Court of Appeal also strongly criticised the conduct of the trial judge, Justice Peter Lifu, noting that he proceeded to deliver judgment despite an earlier order directing him to stay proceedings pending the determination of an interlocutory appeal. The appellate panel described the action as “judicial impertinence”, observing that courts are bound to obey subsisting orders of superior courts. (ICIR News)
Justice Lifu had, in his June 15 judgment, ordered INEC to deregister the five parties after finding that they had failed to satisfy constitutional requirements for continued registration. He also restrained the electoral commission from recognising the parties or accepting candidates sponsored by them in future elections. (NTA – Nigerian Television Authority)
The Court of Appeal had earlier stayed the execution of that judgment pending the hearing of the appeals, ensuring that the affected parties remained on INEC’s register while the legal challenge was being determined. (Premium Times)
The latest ruling removes a major legal obstacle for the five opposition parties as political alignments and coalition talks intensify ahead of the 2027 general elections. It also reinforces the principle that courts must possess proper jurisdiction before making far-reaching orders affecting Nigeria’s electoral process. (ICIR News)
