Appeal Court quashes judgment on deregistration of ADC, four other parties

The Court of Appeal in Abuja has set aside the judgment of the Federal High Court ordering the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.

In a unanimous judgment delivered on Tuesday, the appellate court declared the Federal High Court’s decision, which directed the Independent National Electoral Commission (INEC) to deregister the parties, “null and void.”

The affected political parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and the Zenith Labour Party (ZLP), all of which challenged the Federal High Court judgment.

Justice Peter Lifu of the Federal High Court in Abuja had earlier ordered INEC to deregister the parties over their performance in the 2023 general elections.

However, the Court of Appeal described the judgment as “a nullity,” holding that the trial court acted without jurisdiction. It further stated that the trial court’s action amounted to “judicial impertinence” or what the Supreme Court has described as “judicial insubordination.”

The three-member panel, led by Justice Abba Mohammed, held that the Federal High Court lacked the judicial authority to entertain the suit in the first place.

The appellate court also ruled that the trial court erred by proceeding to deliver judgment despite an earlier order of the Court of Appeal staying further proceedings, including the delivery of the judgment.

It further held that the first respondent lacked the locus standi to institute the action, and accordingly set aside the judgment of the lower court.

“The evidence before the court clearly shows compliance with Section 225A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The judgment of the trial judge was perverse,” the Court of Appeal held.