Appeal Court Overturns Party Deregistration: ADC Vindicated!

The African Democratic Congress (ADC) and four other political parties have secured a significant legal victory, as the Court of Appeal in Abuja unanimously set aside a Federal High Court judgment that had ordered their deregistration by the Independent National Electoral Commission (INEC). This landmark decision nullified the lower court's ruling, reaffirming the continued registration and operational rights of the affected parties.

In a detailed statement, the ADC, through its National Publicity Secretary Mallam Bolaji Abdullahi, welcomed the appellate court's judgment. The party highlighted the Court of Appeal's specific findings that the trial judge, Justice Peter Lifu, “concocted evidence in favour of the plaintiff” and engaged in “flagrant disobedience to the directives of the superior court.” The appellate court sternly described Justice Lifu's conduct as judicial indiscipline, impertinence, and insubordination.

The Court of Appeal’s three-member panel, in its unanimous judgment, declared the Federal High Court's June 15 ruling a nullity, stating it was based on an incompetent suit filed by a non-juristic entity, the National Forum of Former Legislators (NFFL). It underscored that there was no valid case before the trial court to justify the deregistration order. The appellate court further ruled that the lower court wrongly assumed jurisdiction and failed to properly assess the evidence, including proof that the affected parties had indeed won seats in previous elections.

A critical aspect of the appeal court's condemnation was Justice Lifu's disregard for an earlier order directing him to stay proceedings in the matter. The panel noted that Justice Lifu proceeded to deliver judgment despite being informed of the stay order, describing this action as “a form of judicial impertinence.” The court referenced a Supreme Court precedent that such conduct amounts to “judicial rascality,” rendering a judge unfit for the bench. The ADC expressed its concern over this, noting it was the second time Justice Lifu had been seriously indicted by a superior court for willful disobedience and judicial insubordination in cases involving the party.

The ADC celebrated the decision as a vindication of its consistent position that the original case lacked merit and its proceedings were “fundamentally flawed in law, unsupported by evidence, and incapable of producing a valid judgment.” The Court of Appeal upheld the ADC's contention that the plaintiffs, the NFFL, lacked the requisite locus standi to institute the action. In striking out the case for want of jurisdiction, the appellate court found that the plaintiffs failed to demonstrate any legal interest peculiar to themselves, relying instead on speculative assertions of past and future election participation, which were deemed insufficient to invoke the court’s jurisdiction.

The appellate court also reaffirmed that INEC, as the constitutional regulator of political parties, had presented unchallenged evidence confirming that the ADC satisfied all constitutional and electoral requirements for its continued existence. It rejected the trial court’s reasoning regarding elected members of the ADC, noting that despite affidavit evidence showing ADC had elected representatives, including three from Kogi State, the trial court concluded they had defected without any supporting evidence.

The lawsuit, marked FHC/ABJ/CS/2637/2026, was instituted by the NFFL, who sought the deregistration of the parties based on their interpretation of Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations. The NFFL argued that the parties failed to meet electoral performance thresholds, such as winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level, citing their poor performance in the 2023 general elections. The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), also joined the suit, supporting the plaintiffs’ arguments that the continued existence of these parties violated the Constitution and undermined Nigeria’s electoral integrity.

Following the Federal High Court’s order to deregister the parties and bar them from participating in the 2027 general elections, all defendants, including INEC, challenged the decision at the Court of Appeal. The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The ADC emphasized that the judgment is significant not merely for restoring the rights of the affected political parties, but for reinforcing that “judicial authority must always be exercised within the bounds of the law, in obedience to superior court orders, and on the basis of evidence properly before the court.” The party expressed gratitude that the Court of Appeal reaffirmed the rule of law, corrected a grave miscarriage of justice, and protected the constitutional rights of political parties against unlawful interference. The ADC concluded by stating its focus remains on strengthening the party, deepening democratic participation, and offering Nigerians a credible alternative.