Appeal court nullifies judgment ordering deregistration of ADC
The court of appeal in Abuja has nullified the judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties accused of failing to meet constitutional requirements.
In a unanimous decision, a three-member panel of the appellate court held that the Abuja high court lacked the jurisdiction to entertain the suit.
The court ruled that the June 15 judgment and order for the parties’ deregistration were null and void.
In June, the federal high court ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The judge held that the parties failed to meet the constitutional requirements for continued registration and participation in elections.
He also restrained INEC from recognising the parties, accepting nominations from them, or permitting them to participate in the 2027 general election.
The judgement followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties no longer met the constitutional thresholds required to retain their registration.
However, in its order, the court of appeal said the case was filed by a “non-juristic” entity, making the proceedings incompetent from the outset.
Abba Mohammed, who delivered the lead judgment, held that there was no valid suit upon which the federal high court could have ordered INEC to withdraw recognition from the affected parties.
The court also faulted the trial judge for failing to properly evaluate evidence before him, noting that materials showing the parties had won elective offices in previous elections were ignored.
The court held that the trial court proceeded with the case despite an existing order directing it to stay proceedings pending the determination of an appeal.
According to the appellate court, the high court ought to have dismissed the suit for want of jurisdiction and merit.
Consequently, it allowed the separate appeals filed by the affected political parties, restored their registration, and awarded costs against the NFFL, which instituted the suit.