Appeal Court Restores ADC, Four Other Parties, Nullifies INEC Deregistration Order
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 ruled that the June 15 judgment of the Federal High Court was null and void. The court held that the lower court lacked jurisdiction because the case was filed by an entity that was not legally recognized to institute the action.
According to the Court of Appeal, there was no competent suit before the Federal High Court to justify the order directing INEC to deregister the affected political parties. It also faulted the trial court for failing to properly evaluate evidence showing that the parties had won elective positions in previous elections.
The appellate court further ruled that the Federal High Court acted in violation of an earlier order directing it to stay proceedings pending the determination of an appeal. It maintained that the substantive suit should have been dismissed for lack of jurisdiction and merit.
In the lead judgment delivered by Justice Abba Mohammed, the court declared that all five political parties remain duly registered and recognized by law. It also upheld the separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators (NFFL), which initiated the lawsuit.
The political parties affected by the ruling are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court recalled that on June 16 it had already ordered a stay of execution of the High Court judgment, criticizing the trial judge, Justice Peter Lifu, for ignoring its directive to suspend proceedings pending the outcome of the appeal.
The panel noted that despite being informed of the stay order issued on May 22, Justice Lifu proceeded to deliver judgment. It described his conduct as “judicial impertinence” and cited previous Supreme Court decisions which held that such actions amount to “judicial rascality” and are unbecoming of a judge.
The Federal High Court had earlier directed INEC to deregister the five political parties, arguing that they failed to satisfy the constitutional requirements necessary to maintain their registration. It also barred INEC from recognizing the parties, accepting nominations from them, or allowing them to participate in the 2027 general elections.
Justice Lifu ruled in favor of the National Forum of Former Legislators, which argued that Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations require the electoral body to deregister political parties that fail to meet prescribed electoral performance benchmarks.
The NFFL claimed that the affected parties had failed to secure at least 25 percent of votes in a state during a presidential election or win at least one elective seat at the federal, state, or local government level. It argued that their poor performance in the 2023 general elections and subsequent by-elections made their continued registration unconstitutional.
The plaintiffs also maintained that allowing the parties to remain registered undermined the integrity of Nigeria’s electoral system.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the plaintiffs’ position, arguing that INEC was violating the Constitution by retaining political parties that no longer met the legal requirements for registration.
However, dissatisfied with the Federal High Court’s judgment, INEC and the affected political parties appealed the decision. The Court of Appeal has now set aside the ruling, restoring the registration and legal status of all five political parties.
