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Appeal Court overturns order deregistering ADC, four others
The Court of Appeal has nullified a High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements.
The appellate court in Abuja gave the ruling in a unanimous decision by a three-member panel of justices.
Delivering the lead judgement, Justice Abba Mohammed, held that the trial court wrongly assumed jurisdiction on an incompetent suit filed by a non-juristic entity, as there was no valid suit before the Court that could have warranted the consequential order given to INEC.
Justice Mohammed noted that the trial court failed to properly evaluate the evidence before it, as proof showing the parties winning elective positions in previous elections was ignored, adding that the lower court acted in defiance of an order to stay proceedings in the matter.
The appellate court described the trial court’s action as “a form of judicial impertinence,” referencing a Supreme Court’s earlier pronouncement on such justices as “unfit for the bench.”
The judge held that the Federal High Court ought to have dismissed the substantive suit for lack of jurisdiction and merit, ruling that all affected political parties remain duly registered, while also awarding costs against the National Forum of Former Legislators (NFFL), which instituted the suit.
The affected parties in the suit include: African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Justice Peter Lifu of the Federal High Court Abuja had on June 15 ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, for not meeting the constitutional benchmark for the operationality of political parties, during the 2023 general election.
The court ordered the deregistration of the following political parties: African Democratic Congress (ADC), Accord (A), Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP).
Justice Lifu ordered INEC to disallow the participation of the affected parties in subsequent elections, including the 2027 general elections, due to their failure to meet the constitutional threshold.
