The Court of Appeal has nullified a Federal High Court judgment directing INEC to deregister ADC and four other political parties, ruling that the lower court acted without jurisdiction.
The Court of Appeal, Abuja Division, on Tuesday overturned the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party and three other political parties. The appellate court declared the lower court’s decision null and void, bringing relief to the affected parties. According to Daily Trust, the ruling reversed an earlier judgment by Justice Peter Lifu of the Federal High Court in Abuja, who had ordered INEC to deregister the parties over their performance in the 2023 general elections. Challenging the decision were the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), all of which asked the appellate court to set aside the judgment.
Delivering a unanimous judgment, the three-member panel led by Justice Abba Mohammed held that the Federal High Court lacked the judicial authority to entertain the case from the outset. The appellate court described the lower court’s judgment as “a nullity,” adding that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.” It further held that the trial court erred by proceeding to deliver judgment despite an existing Court of Appeal order directing a stay of proceedings, including the delivery of judgment. The court also ruled that the first respondent lacked the legal standing to institute the action and held that the evidence before it showed compliance with Section 225A of the 1999 Constitution, as amended. It consequently declared the judgment of the trial court perverse and set it aside.
Reacting after the judgment, counsel to the Action Peoples Party (APP), Barrister Peter Abang, welcomed the decision, describing it as a victory for democracy and the judicial system. He said the ruling reaffirmed the need for courts to respect the hierarchy of the judiciary, stressing that no lower court has the authority to question or disregard the orders of a superior court. The judgment effectively restores the legal standing of the affected political parties and nullifies the Federal High Court’s deregistration order.
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