Appeal Court Reverses Deregistration of ADC, Four Other Political Parties

The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered 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.
In a unanimous decision delivered by a three-member panel of justices, the appellate court declared the June 15 judgment of the Federal High Court a nullity.
Delivering the lead judgment, Justice Abba Mohammed held that the lower court wrongly assumed jurisdiction by entertaining an incompetent suit filed by a non-juristic entity. He stated that there was no valid action before the trial court upon which it could lawfully base an order directing INEC to deregister the affected political parties.
The Court of Appeal further held that the trial court failed to properly evaluate the evidence before it, noting that proof showing the parties had won elective positions in previous elections was ignored.
The appellate court also faulted the Federal High Court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an appeal. It ruled that the lower court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
Consequently, the court affirmed that the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) remain duly registered political parties.
The appellate court allowed the separate appeals filed by the five parties and awarded costs against the National Forum of Former Legislators (NFFL), the group that instituted the suit.
The Court of Appeal had earlier, on June 16, granted a stay of execution of the High Court judgment and criticized the trial judge, Justice Peter Lifu, for proceeding with the matter despite its May 22 order directing him to suspend proceedings pending the appeal.
The panel described the judge's decision to continue with the case as a breach of judicial hierarchy, characterizing the action as "judicial impertinence." It further cited Supreme Court authorities, which describe such conduct as "judicial rascality" and incompatible with the standards expected of a judicial officer.
Justice Lifu had ruled that the five political parties failed to satisfy the constitutional requirements necessary to justify their continued registration and participation in future elections. He consequently ordered INEC to deregister them, refrain from recognizing their activities, reject nominations submitted by them, and bar them from participating in the 2027 general elections.
The trial court also directed the parties to stop presenting themselves as registered political parties, having upheld the claims brought by the NFFL.
In its suit, the NFFL asked the court to determine whether INEC has a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations to deregister political parties that fail to meet prescribed electoral performance thresholds.
The plaintiffs argued that the affected parties consistently failed to satisfy the constitutional benchmarks, including securing at least 25 percent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.
According to the NFFL, the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections, failing to secure the required electoral victories. The group maintained that INEC's continued recognition of the parties was unlawful and undermined the integrity of Nigeria's electoral system.
However, with the Court of Appeal's decision, the deregistration order has been set aside, restoring the legal status of all five political parties.