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The Court of Appeal in Abuja has overturned a High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.
In a unanimous decision, a three-member panel of the appellate court declared the lower court’s ruling, which directed the Independent National Electoral Commission (INEC) to deregister the parties, “null and void.”
The High Court, presided over by Justice Peter Lifu, had ruled that INEC should deregister the parties over their performance in the 2023 general elections, a decision that drew widespread criticism.
Dissatisfied with the ruling, the affected parties, including the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), challenged the judgment at the Court of Appeal.
Delivering judgment, the appellate court faulted the lower court’s handling of the case, describing its decision as “a nullity.”
The court held that “what the learned trial court did amounted to judicial impertinence or what the Supreme Court called judicial insubordination.”
The panel, led by Justice Abba Mohammed, ruled that the High Court lacked the jurisdiction to entertain the suit in the first place.
The Court of Appeal also held that the trial court erred by proceeding to deliver its judgment despite an earlier order from the appellate court directing a stay of proceedings, including the delivery of judgment.
It further found that the first respondent lacked the legal standing to institute the suit, a development that rendered the entire proceedings defective and warranted the judgment being set aside.
“The evidence before the court clearly shows compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the Court of Appeal said.
