The Court of Appeal, Abuja Division, on Tuesday nullified a Federal High Court judgment directing the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties over constitutional breach.
The four other parties are Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
A three-member panel led by Justice Abba Mohammed described the June 15 order issued by the Federal High Court as a nullity, adding that the trial judge acted in defiance of an earlier appellate order directing a stay of proceedings.
The court held that the trial court wrongly assumed jurisdiction over an incompetent suit filed by a non-juristic entity and that no valid case existed to justify the consequential orders against the parties.
According to the appellate court, the high court failed to properly evaluate evidence before it, including proof that the parties had won seats in previous elections.
Noting that the five political parties remained duly registered, the court allowed separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the original suit.
The appellate court earlier in June
ordered a stay of execution of the high court judgement deregistering the parties, faulting the lower court for delivering the judgement despite an order directing it to stay proceedings pending the outcome of the appeal.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” the appellate court stated.
The Federal High Court had directed INEC to deregister the five parties for allegedly failing to meet constitutional requirements under Section 225A of the 1999 Constitution (as amended).
It also barred INEC from recognising the parties, accepting their candidate nominations or giving effect to their activities for the 2027 general elections, and ordered them to stop presenting themselves as registered political parties.
