By Nathaniel Zaccheaus, Abuja
The Court of Appeal in Abuja on Tuesday nullified the judgment of the Federal High Court that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, restoring their legal status and clearing them to participate in the 2027 general elections.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the Federal High Court acted without jurisdiction in entertaining the suit that culminated in the deregistration order.
The court further ruled that the action itself was fundamentally defective because it was instituted by the National Forum of Former Legislators, an entity the appellate court held lacked the legal personality required to commence the suit.
“The suit was incompetent, having been instituted by a non-juristic person. There was therefore no valid action upon which the trial court could exercise jurisdiction,” the court held.
The appellate court also faulted the lower court for ignoring evidence showing that some of the affected political parties had won elective positions in previous elections, contrary to the findings that formed the basis of their deregistration.
It further criticised the trial court for continuing with the proceedings despite an earlier directive requiring it to suspend hearing pending the determination of an interlocutory appeal.
The court consequently allowed the appeals filed by the five political parties, set aside the entire judgment of the Federal High Court and affirmed that they remain legally registered political parties under Nigerian law.
The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The appellate court also awarded costs against the National Forum of Former Legislators, which initiated the suit that sought the deregistration of the parties.
The Federal High Court had earlier directed the Independent National Electoral Commission (INEC) to deregister the parties after holding that they failed to satisfy constitutional requirements on electoral performance for continued registration.
It had also restrained INEC from recognising the parties or accepting candidates sponsored by them in the build-up to the 2027 general elections.
Tuesday’s judgment, however, vacated the trial court’s decision in its entirety, effectively restoring all rights and privileges previously enjoyed by the affected parties.
*IPAC seeks NJC probe, ADC demands disciplinary action
Reacting to the verdict, the Inter-Party Advisory Council (IPAC) hailed the Court of Appeal for what it described as a courageous defence of constitutional democracy, while calling on the National Judicial Council (NJC) to investigate judges whose decisions contradict constitutional provisions.
The umbrella body of Nigeria’s registered political parties said judgments inconsistent with the Constitution had the potential to trigger constitutional crises, weaken democratic institutions and erode public confidence in the judiciary.
The council’s reaction came as the ADC also demanded disciplinary action against Justice Peter Lifu of the Federal High Court, Abuja, whose judgment ordering the deregistration of the five political parties was overturned by the appellate court.
In a statement issued by its National Publicity Secretary, Egbeola Martins, IPAC described the appellate judgment as a landmark affirmation of the rule of law and the constitutional right of citizens to political participation.
“The appellate court’s decision is a courageous reaffirmation of constitutional democracy, the rule of law and the sanctity of Nigeria’s multi-party democratic system.”
According to the council, the verdict has restored confidence in the judiciary and reinforced constitutional guarantees of freedom of association and political participation.
“It restores confidence in the judiciary as the last hope of the common man and demonstrates that the constitutional guarantees of political participation and freedom of association remain protected under our democratic order.”
IPAC said the ruling should reassure Nigerians that democratic institutions remain capable of correcting judicial errors and protecting constitutional rights.
“This judgment reinforces the confidence of patriotic stakeholders in the Nigerian project and assures citizens that all hope is not lost in our collective quest to build a just, democratic and inclusive nation governed by the rule of law.”
The council maintained that it had consistently argued that democracy can only thrive where courts strictly interpret and apply constitutional provisions without external influence.
“Democracy can only flourish where constitutional provisions are respected, and judicial pronouncements are anchored strictly on the law rather than on extraneous considerations.”
The judgment is expected to have significant political implications ahead of the 2027 elections, preserving Nigeria’s multi-party system and allowing the restored parties, including the ADC, to continue preparations for the next electoral cycle.
