The Abuja Court of Appeal On Tuesday, annulled the Federal High Court’s ruling that directed the Independent National Electoral Commission to remove the African Democratic Congress and four additional political parties from its register.
In a unanimous ruling issued by a three-judge panel headed by Justice Abba Mohammed, the appellate court determined that the June 15 decision of the Federal High Court was void, as it was rendered without jurisdiction.
The appellate court determined that the trial court incorrectly assumed jurisdiction and issued the order based on an invalid suit submitted by a non-juristic entity.
It determined that there was no legitimate case that could justify the subsequent order requiring INEC to deregister the impacted political parties.
It additionally found that the trial court did not adequately assess the evidence presented, pointing out that evidence indicating the parties had successfully obtained various elective positions in past elections was overlooked.
It also maintained that the lower court defied an order requiring it to halt proceedings until the resolution of an interlocutory appeal.
The appellate court therefore ruled that the Federal High Court should have rejected the original case due to lack of jurisdiction and merit.
The parties involved are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.
The appellate court stated that all impacted political parties are still properly registered.
On June 16, the appellate court had postponed the execution of the trial court’s ruling while awaiting the resolution of the appeals.
The panel criticized Justice Peter Lifu’s actions for continuing with the case, even after a prior order on May 22 instructed him to halt proceedings until the appeal was resolved.
The appellate court stated that although Justice Lifu’s attention had been drawn to the stay order, he proceeded to deliver judgment.
It described the action as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
Chronicle NG reports that Justice Lifu had ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for their continued existence.
He additionally prevented INEC from acknowledging the parties, accepting candidates supported by them, or allowing their activities to take place prior to the 2027 general elections.
The ruling came after a case labeled FHC/ABJ/CS/2637/2026, filed by the National Forum of Former Legislators.
The plaintiff requested the court to decide if INEC was legally obligated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and its regulations to deregister political parties that did not achieve the required electoral performance standards.
The forum contended that the affected parties did not obtain a minimum of 25 percent of votes in a state during a presidential election, nor did they secure at least one elected position at the national, state, or local government levels as mandated by law.
It also argued that the parties’ inadequate performance in the 2023 general election and later by-elections made their ongoing registration unconstitutional and harmful to the integrity of the electoral process.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was named as a defendant in the lawsuit, backed the plaintiffs’ argument, contending that keeping the implicated political parties violated the Constitution and threatened the nation’s electoral integrity.
Unhappy with the ruling from the Federal High Court, the relevant political parties and INEC submitted individual appeals, requesting the Court of Appeal to overturn it.
The appellate court affirmed the appeals and annulled the judgment completely.
