The Court of Appeal in Abuja has set aside a Federal High Court judgement that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties. The appellate court declared the earlier ruling ‘null and void’, marking a significant victory for the affected parties.
Ejes Gist News reports that Justice Peter Lifu of the Federal High Court had ordered the Independent National Electoral Commission (INEC) to deregister the parties over their performance in the 2023 general elections.
However, the political parties – including ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party and the Zenith Labour Party (ZLP) – challenged the decision.
Appeal Court Ruling
A three-man panel of the appellate court, presided over by Justice Abba Mohammed, delivered a unanimous decision on Tuesday. The court held that the trial court lacked the judicial power to hear the case in the first place. It described the earlier judgement as ‘a nullity’, stating that ‘what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination’.
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The appellate court noted that the trial judge had proceeded to deliver the judgement despite a stay of proceedings order from the Court of Appeal, which included a directive against delivering the judgement. Additionally, the court found that the 1st Respondent lacked locus standi to initiate the action.
‘The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgement of the trial judge was perverse,’ the appeal court said.
Reactions
Speaking to journalists after the ruling, counsel to the Action Peoples Party, Barr. Peter Abang, expressed satisfaction with the outcome. ‘This judgement is a victory for democracy in Nigeria and that in the administration of justice, the hierarchy of Courts in Nigeria must be respected as they establish an unbroken chain of command and no court has the luxury to sit in judgement against the correctness or otherwise of orders of superior courts,’ he said.
The ruling ensures that ADC, Accord Party, APP, AA and ZLP remain registered political parties eligible to participate in future elections. Investigations by Ejes Gist News confirm that the decision restores the legal status of these parties, which had been thrown into uncertainty by the earlier Federal High Court order.
