The Court of Appeal in Abuja has overturned the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, describing the lower court’s conduct as an act of “judicial rascality” and a violation of established judicial hierarchy.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the Federal High Court lacked the jurisdiction to entertain the suit because it was filed by a non-juristic entity, the National Forum of Former Legislators (NFFL). The court ruled that there was no valid legal basis upon which the trial court could have ordered INEC to deregister the affected parties.
The Court of Appeal also faulted Justice Peter Lifu for proceeding to deliver judgment despite an earlier order directing him to stay proceedings pending the determination of an appeal. The appellate court held that disregarding the order amounted to judicial impertinence, citing Supreme Court authorities that characterised such conduct as “judicial rascality”.
The judgment restores the legal status of the affected political parties, namely the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP). The appellate court further awarded costs against the National Forum of Former Legislators, which instituted the suit.
Reacting to the verdict, the ADC described the ruling as the correction of a grave miscarriage of justice and a victory for constitutional democracy and the rule of law. The party maintained that the failed attempt to deregister it was an attack on Nigeria’s multiparty democratic system and welcomed the appellate court’s decision as reaffirming judicial independence.
The ruling removes a major legal obstacle facing the affected parties ahead of the 2027 general elections and reinforces the constitutional principle that political parties cannot be deregistered without strict compliance with the law and due judicial process.