The Court of Appeal in Abuja has officially set aside the Federal High Court order that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other registered political parties.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court declared the lower court’s June 15 decision a total nullity, ruling that all five political parties remain duly recognized and registered in Nigeria.
The legal conflict began when the National Forum of Former Legislators (NFFL) filed a suit (marked FHC/ABJ/CS/2637/2026) urging the court to give an order to compel INEC to deregister ADC and other political parties that allegedly failed to meet the threshold prescribed under Section 225A of the 1999 Constitution (as amended).
However, the three-member panel of the Court of Appeal identified major procedural and constitutional flaws in the lower court’s judgment.
The appellate court held that the entity initiating the suit lacked the legal standing (locus standi) to bring the matter before the court. Because the plaintiff was a non-juristic entity, the Federal High Court wrongly assumed jurisdiction over an incompetent suit.
Justice Mohammed noted that the trial judge overlooked clear documentary proof showing that the political parties—particularly the ADC—had successfully won elective offices in past elections. Under Nigerian constitutional law, winning elective seats protects political parties from automatic deregistration.
It held that there was no valid suit that could have warranted the consequential order directing INEC to deregister the affected political parties.
The appellate court further held that the trial court failed to properly evaluate the evidence before it, noting that proof showing the parties had won various elective seats in previous elections was ignored.
It also held that the lower court acted in defiance of an order directing it to stay proceedings pending the determination of an interlocutory appeal.
The appellate court consequently held that the Federal High Court ought to have dismissed the substantive suit for want of jurisdiction and merit.
It allowed the separate appeals filed by the political parties, restored their registration, and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The affected parties are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
The appellate court declared that all the affected political parties remain duly registered.
The appellate court had, on June 16, stayed the execution of the trial court’s judgment pending the determination of the appeals.
In its decision, the panel faulted the conduct of Justice Peter Lifu for proceeding with the case, despite an earlier order made on May 22 directing him to stay proceedings pending the outcome of the appeal.
The appellate court noted that although Justice Lifu’s attention had been drawn to the stay order, he proceeded to deliver judgment.
It described the action as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”
This comes after Justice Lifu had ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for their continued existence.
He also restrained INEC from recognising the parties, accepting candidates sponsored by them or giving effect to their activities ahead of the 2027 general elections.
The judgment followed a suit marked FHC/ABJ/CS/2637/2026, instituted by the National Forum of Former Legislators.
