The Court of Appeal in Abuja has set aside a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, ruling that the lower court lacked jurisdiction and that the suit was filed by a non-juristic entity.

In a unanimous judgment delivered by a three-member panel, the Court of Appeal held that the June 15 order compelling INEC to deregister the affected parties was a nullity because it arose from an incompetent suit instituted by the National Forum of Former Legislators (NFFL), which the court found to be a non-juristic entity.

Delivering the lead judgment, Justice Abba Mohammed said there was no valid suit before the Federal High Court that could have justified the consequential order directing INEC to withdraw recognition from the parties.

The appellate court further held that the trial court failed to properly evaluate evidence showing that the affected political parties had won elective seats in previous elections, evidence that should have been considered before reaching its decision.

The court also faulted the Federal High Court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an appeal. It ruled that the trial court ought to have dismissed the suit for lack of jurisdiction and merit.

Consequently, the Court of Appeal allowed the separate appeals filed by the affected parties, restored their registrations, and awarded costs against the NFFL.

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

The appellate court had earlier, on June 16, stayed the execution of the High Court judgment and criticised the trial judge, Justice Peter Lifu, for disregarding its directive to halt proceedings.

The panel described Justice Lifu’s decision to proceed with the case despite the stay order as “a form of judicial impertinence”, citing Supreme Court authorities that characterised such conduct as “judicial rascality”.

Justice Lifu had previously ordered INEC to deregister the five political parties, bar them from participating in the 2027 general elections, and stop recognising them as registered political parties after ruling in favour of the NFFL.

The NFFL had argued that the parties failed to satisfy the constitutional performance thresholds under Section 225A of the 1999 Constitution (as amended), including winning at least 25 per cent of votes in a state during a presidential election or securing elective seats at the national, state or local government levels.

The group also contended that the parties’ continued registration undermined the integrity of Nigeria’s electoral system, a position supported by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN.

However, the Court of Appeal has now nullified the High Court’s decision, affirming that the five political parties remain duly registered and recognised under the law.