The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling delivered by a three-member panel, the appellate court declared that the June 15 judgment of the Federal High Court was null and void, holding that the lower court lacked jurisdiction to entertain the suit.
Justice Abba Mohammed, who delivered the lead judgment, ruled that the case was initiated by a non-juristic entity, making it legally incompetent from the outset. The court held that no valid legal basis existed for the orders directing the deregistration of the affected political parties.
The appellate court also faulted the trial court for failing to properly assess evidence showing that the parties had won elective positions in previous elections. It further ruled that the Federal High Court acted improperly by proceeding with the case despite an earlier Court of Appeal order directing it to stay proceedings pending the determination of an appeal.
The court restored the registration of the five political parties—African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP)—and allowed the separate appeals filed by the parties.
It also awarded costs against the National Forum of Former Legislators (NFFL), which had instituted the original suit seeking their deregistration.
The Court of Appeal noted that it had earlier granted a stay of execution of the High Court judgment on June 16 and criticized the trial judge, Justice Peter Lifu, for delivering judgment despite an earlier appellate order issued on May 22 directing him to suspend proceedings.
Describing the judge’s conduct as “a form of judicial impertinence,” the appellate court said the Supreme Court had previously held that such actions amount to judicial rascality and are inconsistent with judicial discipline.
The Federal High Court had earlier ordered INEC to deregister the five parties for allegedly failing to satisfy constitutional requirements under Section 225A of the 1999 Constitution (as amended). It also restrained the electoral body from recognizing the parties, accepting their candidates for the 2027 general elections, or recognizing any of their political activities.
The suit, marked FHC/ABJ/CS/2637/2026, was filed by the National Forum of Former Legislators, which argued that the parties failed to meet constitutional thresholds, including securing at least 25 percent of votes in a state during a presidential election or winning elective offices at the federal, state, or local government levels.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), had supported the plaintiffs’ case, arguing that retaining the parties violated constitutional provisions and undermined electoral integrity.
However, following appeals filed by all the defendants, including INEC, the Court of Appeal has now set aside the High Court’s judgment in its entirety, affirming that the five political parties remain legally registered.
