The Court of Appeal in Abuja has set aside a judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over allegations that they failed to meet constitutional requirements.
In a unanimous decision by a three-member panel of justices, the appellate court held that the order issued by the Federal High Court on June 15 was a nullity.
In the lead judgment delivered by Justice Abba Mohammed, the court held that the trial court wrongly assumed jurisdiction and issued the order on the basis of an incompetent suit filed by a non-juristic entity.
According to the court, there was no valid suit before the Federal High Court that could have warranted the consequential order directing INEC to deregister the affected political parties.
The appellate court noted that the trial court failed to properly evaluate the evidence before it, stressing that proof showing the parties had won elective positions in previous elections was ignored.
It further held that the lower court acted in defiance of an order directing it to stay proceedings in the matter.
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The court ruled that the Federal High Court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
Consequently, it held that all the affected political parties remain duly registered.
The appellate court allowed the separate appeals filed by the political parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit against them.
Apart from the ADC, the other parties whose registrations were restored are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal had, on June 16, ordered a stay of execution of the High Court judgment and criticised the trial judge for disregarding judicial hierarchy.
The panel faulted Justice Peter Lifu of the Federal High Court in Abuja for allegedly disobeying an order it issued on May 22 directing him to stay proceedings in the case pending the determination of an appeal filed by the parties.
It noted that despite being notified of the order staying proceedings, the trial judge proceeded to deliver judgment.
The appellate court described the action as “a form of judicial impertinence,” noting that the Supreme Court had previously held that a judge who acts in such a manner is “unfit for the bench,” as such conduct amounts to “judicial rascality.”
Justice Lifu had ordered INEC to deregister the five political parties, holding that they failed to satisfy the constitutional requirements necessary to justify their continued existence and participation in future elections.
The trial court also restrained INEC from granting further recognition to the parties, accepting nominations of candidates from them, or recognising their activities for participation in the 2027 general elections.
Justice Lifu further directed the parties to stop presenting themselves as registered political parties, having found merit in the suit filed by the NFFL.
In the suit, the NFFL asked the court to determine whether INEC has a constitutional obligation to deregister political parties that fail to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC regulations.
The plaintiffs argued that the five political parties had consistently failed to meet the constitutional benchmarks required to retain their registration.
According to the former legislators, the requirements include securing at least 25 per cent of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government level.
They told the court that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections conducted by INEC, failing to secure seats across key levels of government.
The litigants maintained that the continued recognition of the ADC and the other affected parties was unlawful and undermined the integrity of Nigeria’s electoral system.
