The Abuja Division of the Court of Appeal has nullified a Federal High Court decision that ordered the deregistration of the African Democratic Congress, ADC, Accord Party, and three other political parties.
Justice Peter Lifu of the Federal High Court had previously directed the Independent National Electoral Commission, INEC to strike off the parties following their performance in the 2023 general elections.
Rejecting the lower court’s ruling, five political parties; ADC, Accord Party, AP, Action Peoples Party, APP, Action Alliance, AA, and Zenith Labour Party, ZLP successfully sought a complete override from the appellate court.
In a scathing assessment, the appellate bench described the lower court’s decision as “a nullity,” declaring that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
Delivering a unanimous verdict, a three-member panel chaired by Justice Abba Mohammed ruled that the trial court lacked the jurisdiction to entertain the suit in the first instance.
The panel emphasized that the trial judge acted improperly by proceeding to deliver judgment despite an existing Court of Appeal order mandating a stay of all proceedings.
Further dismantling the lower court’s stance, the panel noted that the first respondent lacked locus standi to file the case, adding: “The evidence before the court clearly shows a 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.”
Reacting to the outcome, counsel to the APP, Barr. Peter Abang, praised the decision, stating: “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.”
