Court of Appeal Overturns Deregistration of ADC, Four Other Parties

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 decision was made without proper legal jurisdiction.

In a unanimous judgment delivered by a three-member panel of justices, the appellate court held that the June 15 ruling of the Federal High Court was a nullity because it was based on an incompetent suit filed by a non-juristic entity.

Delivering the lead judgment, Justice Abba Mohammed ruled that there was no valid case before the trial court to justify an order directing INEC to deregister the affected parties.

The appellate court also held that the trial court failed to properly assess evidence showing that the political parties had won elective positions in previous elections. It concluded that the case ought to have been dismissed for lack of jurisdiction and merit.

As a result, the court affirmed that the affected parties remain legally registered and eligible to participate in Nigeria’s electoral process.

The judgment restored the registration of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP). The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

The appellate court also criticized the conduct of the Federal High Court during the proceedings. It noted that despite an earlier order directing the trial court to stay proceedings pending the determination of an appeal, the judge proceeded to deliver judgment.

The Court of Appeal stated that the trial court failed to follow an existing order from the appellate court, stressing that lower courts must obey the directives of higher courts unless they are overturned.

The original suit was filed by the National Forum of Former Legislators, which argued that the five political parties failed to meet the constitutional requirements for continued registration under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations.

The group claimed the parties did not achieve the required electoral performance in the 2023 general elections and subsequent by-elections, arguing that their continued recognition undermined the integrity of Nigeria’s electoral system.

However, with the latest ruling, the five political parties remain fully recognised by INEC and are eligible to field candidates in future elections, including the 2027 general elections.