The Court of Appeal in Abuja has overturned the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
In a unanimous judgment delivered on Tuesday, a three-member panel led by Justice Abba Mohammed described the lower court’s action as “judicial impertinence” and declared its judgment null and void.
The appellate court ruled that the Federal High Court lacked the jurisdiction to hear the case and therefore had no legal authority to direct the Independent National Electoral Commission (INEC) to deregister the affected political parties.
The court also faulted the trial judge for continuing with the case despite an earlier Court of Appeal order directing a stay of proceedings, including the delivery of judgment.
According to the appellate court, the lower court’s conduct amounted to judicial insubordination, stressing that it acted outside its constitutional powers.
The court further held that the plaintiff lacked the legal standing (locus standi) to institute the suit, making the entire proceedings invalid from the outset.
It also ruled that the evidence before the court showed compliance with Section 225A of the 1999 Constitution (as amended), which outlines the conditions for deregistering political parties.
The appellate court described the trial court’s judgment as perverse and set it aside in its entirety.
The ruling effectively restores the legal status of the five political parties and removes the threat of deregistration.
The decision overturned an earlier judgment by Justice Peter Lifu of the Federal High Court in Abuja, which had ordered INEC to deregister the parties over their performance in the 2023 general elections.
Reacting to the judgment, counsel to the Action Peoples Party (APP), Barrister Peter Abang, welcomed the ruling and expressed satisfaction with the outcome.
The judgment is expected to influence Nigeria’s political landscape as parties prepare for future elections, while reaffirming that lower courts must obey the orders of superior courts and strictly follow constitutional procedures.
