Appeal Court Nullifies Order To Deregister ADC, 4 Other Parties, Restores Their Registration

The Court of Appeal in Abuja has set aside the judgment of the Federal High Court which ordered the Independent National Electoral Commission, INEC to deregister the African Democratic Congress, ADC and four other political parties.

In a unanimous decision delivered on Tuesday by a three-member panel led by Justice Abba Mohammed, the appellate court declared the June 15 judgment of the lower court a nullity for lack of jurisdiction.

The court held that the Federal High Court wrongly assumed jurisdiction and made the order based on an incompetent suit filed by a non-juristic entity.

“There was no valid suit that could have warranted the consequential order directing INEC to deregister the affected political parties,” the panel ruled.

The appellate court also faulted the trial court for failing to properly evaluate evidence showing that the parties had won elective seats in previous elections.

It further held that the lower court acted in defiance of a May 22 order directing it to stay proceedings pending the determination of an interlocutory appeal.

The panel specifically criticized Justice Peter Lifu for proceeding to deliver judgment despite being notified of the subsisting stay order.

Describing the action as “a form of judicial impertinence”, the court cited Supreme Court precedent that such conduct amounts to “judicial rascality” and that a judge who acts in that manner “is unfit for the bench.”

The appellate court had, on June 16, earlier stayed execution of the trial court’s judgment pending the appeals.

Consequently, the Court of Appeal allowed the separate appeals, dismissed the substantive suit for want of jurisdiction and merit, and restored the registration of the affected parties.

It also awarded costs against the National Forum of Former Legislators, which instituted the suit.

The affected political parties are:
African Democratic Congress, ADC
Action Peoples Party, APP
Action Alliance, AA
Accord Party
Zenith Labour Party, ZLP

The court declared that all five parties remain duly registered with INEC.