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Court of Appeal in Abuja has nullified a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The appellate court held that the June 15 judgment was invalid and could not stand.
In a unanimous decision by a three-member panel, the court ruled that the Federal High Court acted without jurisdiction.
Justice Abba Mohammed, who delivered the lead judgment, said the case was filed by a non-juristic entity and was therefore incompetent.
He stated that there was no valid suit before the lower court to justify the order directing the Independent National Electoral Commission (INEC) to deregister the parties.
The Court of Appeal also held that the trial court failed to properly assess evidence showing that the affected parties had previously won elective positions.
It further ruled that the Federal High Court proceeded with the matter despite an earlier order directing it to stay proceedings.
The appellate court said the lower court should have dismissed the suit for lack of jurisdiction and merit.
It therefore declared that the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) remain legally registered political parties.
The court also awarded costs against the National Forum of Former Legislators (NFFL), which filed the suit.
The appellate court recalled that it had earlier stayed the execution of the High Court judgment and faulted the trial judge for ignoring its directive.
It described the judge’s action as “a form of judicial impertinence,” adding that the Supreme Court had held that a judge who behaves in such a manner is “unfit for the bench,” because such conduct amounts to “judicial rascality.”
The Federal High Court had earlier ruled that the five parties failed to meet constitutional requirements for continued registration and participation in future elections.
The NFFL had argued that the parties did not satisfy the electoral performance thresholds under Section 225A of the 1999 Constitution, the Electoral Act 2022, and INEC regulations.
However, the Court of Appeal overturned that decision, restoring the legal status of all five political parties.
