Appeal Court Overturns Judgment Ordering Deregistration Of ADC, Accord, Three Others

The Court of Appeal has set aside the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party and three other political parties, declaring the ruling null and void.

The appellate court, sitting in Abuja on Tuesday, held that the Federal High Court lacked the jurisdiction to entertain the matter and consequently nullified the entire proceedings.

The judgment overturned an earlier decision by Justice Peter Lifu of the Federal High Court in Abuja, who had ordered INEC to deregister the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP) over their performance in the 2023 general elections.

Dissatisfied with the ruling, the affected political parties approached the Court of Appeal, seeking to have the judgment quashed.

Delivering a unanimous judgment, the three-member panel led by Justice Abba Mohammed described the lower court’s decision as a nullity.

The appellate court held that “what the learned trial court did amounted to judicial impertinence or what the Supreme Court called judicial insubordination.”

According to the court, the trial judge acted outside his powers by proceeding to deliver judgment despite an existing order of the Court of Appeal directing a stay of proceedings, including the delivery of judgment.

The court further held that the first respondent lacked the locus standi to institute the suit, making the entire proceedings incompetent.

It also ruled that the evidence before the court established compliance with the constitutional provisions governing the deregistration of political parties.

“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 appellate court held.

Speaking after the judgment, counsel to the Action Peoples Party (APP), Barrister Peter Abang, welcomed the verdict, describing it as a victory for democracy and the rule of law.

“This judgement is a victory for democracy in Nigeria and that in the administration of justice, the hierarchy of Courts in Nigeria must be respected as they establish an unbroken chain of command and no court has the luxury to sit in judgment against the correctness or otherwise of orders of superior courts,” he said.

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