Appeal Court nullifies order directing INEC to deregister ADC, four other political parties

The Court of Appeal in Abuja has set aside the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements.

In a unanimous judgment delivered by a three-member panel of justices, the appellate court held that the June 15 judgment of the Federal High Court was a nullity.

The court ruled that the trial court wrongly assumed jurisdiction and issued the order in a suit filed by a non-juristic entity.

According to the appellate court, there was no competent suit upon which the Federal High Court could validly order INEC to deregister the affected political parties.

It further held that the trial court failed to properly evaluate the evidence before it, noting that proof showing the parties had won elective positions in previous elections was ignored.

The appellate court also faulted the lower court for proceeding with the case despite an existing order directing it to stay proceedings pending the determination of an appeal.

It held that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.

In the lead judgment delivered by Justice Abba Mohammed, the Court of Appeal declared that all the affected 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 suit.

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

The appellate court recalled that it had earlier, on June 16, stayed the execution of the Federal High Court’s judgment and criticised the trial judge, Justice Peter Lifu, for disregarding an earlier order to suspend proceedings.

The panel noted that despite being informed of the Court of Appeal’s May 22 order directing a stay of proceedings, Justice Lifu proceeded to deliver judgment.

The appellate court described the action as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”

The Federal High Court had earlier ordered INEC to deregister the five political parties, barred the electoral body from recognising them, accepting candidates nominated by them or allowing them to participate in the 2027 general elections.

Justice Lifu held that the parties failed to satisfy the constitutional requirements necessary to retain their registration.

The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators (NFFL), which argued that INEC had a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and its regulations to deregister political parties that failed to meet prescribed electoral performance thresholds.

The plaintiffs maintained that the five political parties failed to secure at least 25 per cent of votes in a state during a presidential election or win elective seats at the national, state or local government levels, as required by law.

They argued that the parties performed poorly in the 2023 general elections and subsequent by-elections, making their continued recognition unlawful and detrimental to Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit, arguing that INEC was breaching its constitutional duty by retaining political parties that allegedly failed to meet the minimum legal requirements.

However, dissatisfied with the judgment, the affected political parties, alongside INEC, appealed the decision, leading to the Court of Appeal’s ruling restoring their registration.