Appeal Court Overturns Judgment Ordering Deregistration

The Court of Appeal in Abuja, has overturned a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties, declaring the decision null and void.

In a unanimous ruling delivered on Tuesday, a three-member panel led by Justice Abba Mohammed held that the lower court lacks the jurisdiction to hear the case and consequently, set aside its judgment in its entirety.

The appellate court also invalidated the order directing the Independent National Electoral Commission (INEC) to deregister the affected parties.

The parties restored by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).

Justice Peter Lifu of the Federal High Court had earlier ruled that INEC should deregister the five parties over their performance in the 2023 general elections.

Dissatisfied with the decision, the parties appealed the judgment.

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In its verdict, the Court of Appeal held that the trial court exceeded its authority by continuing with the proceedings and delivering judgment despite an earlier order from the appellate court directing that all proceedings be stayed pending the determination of the appeal.

The panel described the lower court’s conduct as an act of judicial insubordination, stressing that no lower court has the power to ignore or overrule directives issued by a superior court.

The appellate court further ruled that the plaintiff lacked the legal standing to institute the suit, rendering the entire proceedings incompetent.

It also found that the evidence before the court showed compliance with the provisions of Section 225A of the 1999 Constitution (as amended), describing the lower court’s judgment as perverse.

The ruling effectively restores the legal status of the five political parties, allowing them to continue operating as recognised political parties.

Reacting to the judgment, counsel to the Action Peoples Party (APP), Peter Abang, hailed the verdict as a significant victory for constitutional democracy and the rule of law.

According to him, the decision reinforces the principle that lower courts are bound by the orders and decisions of superior courts, adding that respect for judicial hierarchy remains essential to the administration of justice.