ADC: Appeal Court Declares Federal High Court’s Deregistration Order a Nullity

The Court of Appeal in Abuja has set aside the Federal High Court judgment ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring the lower court’s decision invalid.

In a unanimous judgment delivered by a three-member panel, the appellate court ruled that the suit filed by the National Forum of Former Legislators (NFFL), which formed the basis of the Federal High Court’s decision, was incompetent because the group lacked the legal standing to institute the action.

Justice Abba Mohammed, who delivered the lead judgment, held that the trial court erred by assuming jurisdiction and issuing far-reaching orders despite the absence of a competent suit. He also faulted the lower court for failing to properly assess evidence showing that the affected political parties had won elective offices in previous elections.

The appellate court further criticised the Federal High Court for proceeding with the matter despite an existing order directing it to suspend proceedings pending the determination of an appeal. It ruled that the case ought to have been dismissed for want of jurisdiction.

Consequently, the Court of Appeal restored the legal status of the five affected political parties—the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP)—and awarded costs against the NFFL.

The appellate court recalled that it had earlier stayed the execution of the Federal High Court judgment on June 16 and rebuked the trial judge, Justice Peter Lifu, for continuing with the proceedings despite its May 22 directive to halt the case. The panel described the judge’s action as “judicial impertinence,” citing the Supreme Court’s position that such conduct amounts to “judicial rascality.”

The Federal High Court had directed INEC to deregister the five parties, stop recognising them as political parties, reject their candidates for future elections, and bar them from participating in activities leading to the 2027 general elections.

The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the NFFL, which argued that the parties failed to satisfy the electoral performance requirements stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.

According to the plaintiffs, the parties failed to meet the constitutional benchmark of securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level. They maintained that the parties’ poor performance in the 2023 general elections and subsequent by-elections justified their deregistration.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant in the suit, supported the plaintiffs’ position, arguing that INEC had a constitutional obligation to deregister parties that failed to meet the required legal thresholds.

However, following appeals by the affected political parties and INEC, the Court of Appeal nullified the deregistration order, reaffirming the continued legal recognition of the five political parties.