The Appellate Court says Federal High Court lacks jurisdiction, restores party’s legal status
The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous judgment delivered on Tuesday, a three-member panel of the appellate court ruled that the June 15 decision of the lower court was a nullity and should not have been made.
Delivering the lead judgment, Justice Abba Mohammed held that the Federal High Court wrongly assumed jurisdiction in a suit filed by an entity that lacked the legal capacity to institute the case.
The appellate court ruled that there was no valid suit before the lower court to justify the order directing INEC to deregister the affected political parties.
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The court also faulted the trial court for failing to properly assess evidence showing that the political parties had won elective positions in previous elections.
It further held that the lower court proceeded with the case despite an existing order directing it to stay proceedings.
Court Restores Registration of Affected Parties
The appellate court ruled that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.
It consequently restored the registration of the affected political parties, namely the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The court also upheld the separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.
Appeal Court Criticises Trial Judge
The Court of Appeal recalled that it had, on June 16, stayed execution of the Federal High Court judgment and criticised the trial judge for ignoring judicial hierarchy.
According to the appellate court, Justice Peter Lifu continued with the matter and delivered judgment despite an earlier order issued on May 22 directing him to suspend proceedings pending the determination of an appeal.
The court described the action as “judicial impertinence” and cited previous Supreme Court decisions which held that such conduct amounted to “judicial rascality” and was unbecoming of a judicial officer.
Background to the Case
Justice Lifu had ordered INEC to deregister the five political parties, ruling that they failed to meet the constitutional conditions required to remain registered political parties.
The trial court also restrained INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections.
The decision followed a suit filed by the National Forum of Former Legislators, which asked the court to compel INEC to deregister parties that failed to satisfy the requirements of Section 225A of the 1999 Constitution, as amended.
The forum argued that the affected parties failed to meet constitutional performance thresholds, including securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective office at the federal, state or local government level.
It also contended that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections and no longer met the constitutional conditions for continued registration.
However, the Court of Appeal ruled that the Federal High Court lacked jurisdiction to entertain the suit and set aside the judgment in its entirety.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.