Appeal Court Reverses Order Deregistering ADC, Four Other Political Parties

The Court of Appeal in Abuja has nullified a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, restoring their legal status ahead of the 2027 general elections.

In a unanimous judgment delivered on Tuesday, a three-member panel of the appellate court held that the June 15 decision of the Federal High Court was a nullity, ruling that the lower court lacked the jurisdiction to entertain the suit that led to the deregistration order.

Delivering the lead judgment, Justice Abba Mohammed held that the case was initiated by a non-juristic entity, making the entire proceedings incompetent.

The appellate court ruled that there was no valid suit before the Federal High Court that could have justified the consequential order directing INEC to deregister the affected political parties.

The court also faulted the trial judge for failing to properly evaluate evidence presented by the defendants, noting that proof showing the parties had won elective seats in previous elections was ignored.

It further held that the Federal High Court proceeded with the case despite an existing order directing it to stay proceedings pending the determination of an appeal.

According to the appellate court, the trial court ought to have dismissed the suit for lack of jurisdiction and merit instead of proceeding to judgment.

Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties, declared that they remain duly registered, and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The latest ruling comes weeks after the appellate court, on June 16, ordered a stay of execution of the Federal High Court judgment.

At the time, the appellate court strongly criticised Justice Peter Lifu of the Federal High Court for proceeding to deliver judgment despite an earlier order issued on May 22 directing him to stay proceedings pending the determination of an appeal.

The appellate panel described the judge’s action as “a form of judicial impertinence,” adding that the Supreme Court had consistently held that a judge who disregards the hierarchy of courts in such a manner is “unfit for the bench” because such conduct amounts to “judicial rascality.”

Justice Lifu had ordered INEC to deregister the five political parties after ruling that they failed to meet constitutional requirements for continued registration.

He also restrained the electoral commission from recognising the parties, accepting candidates nominated by them, or permitting them to participate in the 2027 general elections.

The judgment stemmed from a suit marked FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators.

The group asked the court to determine whether INEC had a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and its regulations to deregister political parties that failed to meet prescribed electoral performance thresholds.

The plaintiffs argued that the ADC and the four other parties failed to secure the constitutional benchmarks, including obtaining at least 25 per cent of votes in a state during a presidential election or winning at least one elective office at the national, state, or local government levels.

According to the NFFL, the parties performed poorly in the 2023 general elections and subsequent by-elections, making their continued recognition by INEC unlawful and detrimental to the integrity of Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant in the suit, supported the plaintiffs’ position.

The AGF argued that INEC was violating its constitutional duty by retaining political parties that no longer satisfied the legal conditions for registration and urged the court to compel the electoral body to deregister them.

However, dissatisfied with the Federal High Court’s decision, the affected political parties, alongside INEC, appealed the judgment, resulting in Tuesday’s ruling that restored their registration and set aside all orders made by the lower court.