The Court of Appeal in Abuja has overturned a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous decision delivered on Tuesday, a three-member panel held that the lower court lacked the jurisdiction to hear the case. As a result, it declared the earlier judgment null and void.
Appeal Court faults High Court’s jurisdiction
The appellate court ruled that the suit itself was incompetent because the National Forum of Former Legislators (NFFL), which filed the case, lacked the legal capacity to institute the action.
Justice Abba Mohammed, who delivered the lead judgment, said there was no valid suit before the Federal High Court. Therefore, the trial court had no basis to order INEC to withdraw recognition from the affected parties.
Earlier judgment ordered deregistration
In June, the Federal High Court directed INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The trial court held that the parties failed to meet the constitutional requirements for continued registration and participation in elections.
It also restrained INEC from recognising the parties, accepting candidates from them or allowing them to participate in the 2027 general election.
Appeal Court identifies procedural errors
However, the Court of Appeal said the trial court committed several errors before delivering its judgment.
According to the appellate court, the judge failed to properly evaluate evidence presented by the affected parties. It noted that documents showing the parties had won elective offices in previous elections were ignored.
The court also said the trial judge continued hearing the case despite an existing order directing the court to stay proceedings pending the outcome of an appeal.
Consequently, the appellate court held that the Federal High Court should have declined jurisdiction and dismissed the suit.
Political parties retain registration
Following the ruling, the Court of Appeal allowed the separate appeals filed by the five political parties. The court restored their registration and ordered the National Forum of Former Legislators to pay the costs of the appeals.
The decision means the ADC, APP, AA, AP and ZLP remain recognised political parties unless a higher court rules otherwise.
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