The Court of Appeal in Abuja has set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring the decision a nullity and condemning the trial judge’s conduct as an act of “judicial impertinence” and “judicial rascality.”
The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labor Party (ZLP).
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the Federal High Court lacked jurisdiction to entertain the suit and consequently had no legal basis to order INEC to deregister the parties.
The court ruled that the suit filed by the National Forum of Former Legislators (NFFL) was incompetent because it was instituted by a non-juristic entity, rendering all proceedings and orders arising from it invalid.
The appellate court further held that Justice Peter Lifu of the Federal High Court acted in defiance of an earlier order issued on May 22 directing him to stay proceedings pending the determination of appeals filed by the affected political parties.
Despite the subsisting order, Justice Lifu proceeded to deliver judgment on June 15, directing INEC to deregister the parties.
The Court of Appeal described the action as a serious breach of judicial discipline, stating that the trial judge deliberately ignored the hierarchy of courts.
The panel recalled that the Supreme Court had previously held that a judge who disregards a valid order of a superior court is “unfit for the bench,” adding that such conduct amounts to “judicial rascality.”
According to the appellate court, there was no competent suit to support the consequential orders against the political parties. It also faulted the trial court for failing to properly evaluate evidence showing that the affected parties had won elective offices in previous elections, contrary to the findings relied upon in the judgment.
The court held that the Federal High Court ought to have dismissed the suit for want of jurisdiction and lack of merit.
Consequently, it allowed the separate appeals filed by the five political parties, declared that they remain duly registered political parties under the law, and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The latest judgment reinforces an earlier decision of the Court of Appeal on June 16, when it stayed the execution of the Federal High Court’s judgment and strongly criticized Justice Lifu for proceeding with the case despite the appellate court’s directive to halt proceedings.
The now-nullified judgment had ordered INEC to deregister the five political parties because they allegedly failed to satisfy the constitutional requirements for continued registration under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC’s regulations.
Justice Lifu had also restrained INEC from accepting the parties, accepting their candidates for subsequent elections, or permitting them to participate in the 2027 general elections.
The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators, which sought a declaration that INEC had a constitutional duty to deregister political parties that failed to meet prescribed electoral performance thresholds.
Political Leaders Welcome Verdict
Reacting to the judgment, the ADC described the ruling as a timely correction of a miscarriage of justice.
The party’s National Chairman, Senator David Mark, said the attempt to deregister the ADC amounted to an assault on Nigeria’s democratic procedure and commended the Court of Appeal for restoring confidence in the rule of law.
ADC’s 2027 presidential candidate, Atiku Abubakar, also welcomed the decision, insisting that elections should be won at the ballot box and not through the courts.
Similarly, Osun State Governor Ademola Adeleke, who is seeking a second-term mandate on the platform of the Accord Party, said the judgment had finally laid to rest attempts to exclude his party from the 2027 voting process.
The ruling effectively restores the legal status of the five political parties and removes any immediate threat to their participation in future elections.
