Appeal Court Restores ADC, Four Other Parties, Voids Deregistration Order

By Opeyemi Adelakun

The Court of Appeal, Abuja Division, has overturned the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties, declaring the decision a nullity.

In a unanimous judgment delivered on Tuesday, a three-member panel led by Justice Abba Mohammed set aside the ruling of the lower court, holding that it lacked the jurisdiction to entertain the suit in the first instance.

The appellate court also declared null and void the order directing the Independent National Electoral Commission (INEC) to deregister the affected political parties.

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

Dissatisfied with the ruling, the five political parties approached the Court of Appeal, seeking to overturn the judgment.

Delivering the judgment, the appellate court held that the trial court acted in excess of its powers by proceeding with the case despite an earlier order of the Court of Appeal directing a stay of proceedings, including the delivery of judgment.

The panel described the lower court’s action as judicial impertinence and judicial insubordination, stressing that no lower court has the authority to disregard the orders of a superior court.

It further ruled that the plaintiff lacked the legal standing to institute the suit, making the entire proceedings incompetent.

According to the court, the evidence before it also established compliance with the provisions of Section 225A of the 1999 Constitution (as amended), adding that the judgment of the trial court was perverse.

Consequently, the Court of Appeal nullified the Federal High Court’s decision in its entirety, effectively restoring the legal status of the five political parties.

Reacting to the verdict, counsel to the Action Peoples Party (APP), Barrister Peter Abang, described the judgment as a landmark victory for Nigeria’s democracy.

He said the ruling reaffirmed the constitutional principle that lower courts must respect and obey the decisions of superior courts.

“This judgment is a victory for democracy in Nigeria. It also reinforces the fact that the hierarchy of courts must be respected, as no court has the luxury of sitting in judgment over the correctness or otherwise of the orders of a superior court,” he said.