Appeal Court Overturns Deregistration Of ADC, Four Other Political Parties

The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, ruling that the lower court acted without jurisdiction.

In a unanimous judgment, a three-member panel of the appellate court declared the June 15 ruling of the Federal High Court a nullity, holding that the case was filed by a non-juristic entity that lacked the legal capacity to institute the suit.

The court also ruled that the trial court failed to properly examine evidence showing that the affected parties had won elective positions in previous elections. It further held that the lower court delivered its judgment despite an earlier order directing it to stay proceedings pending the outcome of an appeal.

Delivering the lead judgment, Justice Abba Mohammed affirmed that the five political parties remain duly registered and allowed the separate appeals filed by the parties. The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the original suit.

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

The Court of Appeal also criticised the trial judge, Justice Peter Lifu of the Federal High Court, for proceeding with the case despite an appellate court order issued on May 22 directing him to halt proceedings.

The panel described the judge’s action as “a form of judicial impertinence,” noting that the Supreme Court has previously held that such conduct amounts to judicial misconduct.

The Federal High Court had earlier ordered the Independent National Electoral Commission (INEC) to deregister the five parties for allegedly failing to meet the constitutional requirements under Section 225A of the 1999 Constitution.

It also restrained INEC from recognising the parties, accepting their candidates for elections or treating them as registered political parties ahead of the 2027 general elections.

The suit was filed by the National Forum of Former Legislators, which argued that the parties failed to satisfy constitutional thresholds, including winning at least 25 per cent of votes in a state during a presidential election or securing elective offices at the federal, state or local government levels.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the suit, arguing that retaining the parties violated constitutional provisions.

However, following appeals by the affected parties and INEC, the Court of Appeal has now set aside the judgment in its entirety, restoring the parties’ legal status.