The Court of Appeal sitting in Abuja has overturned the Federal High Court judgment ordering the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties ahead of the 2027 general elections. The appellate court described the lower court’s decision as a nullity, holding that Justice Peter Lifu of the Federal High Court acted despite an existing order directing him to suspend proceedings in the matter.
The affected parties are the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP). In a unanimous judgment delivered by a three-member panel, the Court of Appeal held that the Federal High Court lacked jurisdiction to entertain the suit and had acted on an incompetent case instituted by a non-juristic entity.
The appellate court further faulted the trial court for failing to properly evaluate evidence before it, including evidence showing that the affected parties had won elective seats in previous elections. It also criticised the decision to proceed with judgment despite the Court of Appeal’s May 22 order directing the lower court to stay proceedings pending the determination of an appeal.
The panel, in its lead judgment delivered by Justice Abba Mohammed, consequently allowed the separate appeals filed by the political parties and confirmed that they remained duly registered. The court also awarded costs against the National Forum of Former Legislators (NFFL), which had instituted the suit seeking the parties’ deregistration.
The Federal High Court had earlier ruled that the five parties failed to satisfy constitutional requirements under Section 225A of the 1999 Constitution and consequently directed INEC to withdraw recognition from them. The judgment also barred the electoral commission from accepting nominations from the parties or recognising their participation in the 2027 elections. However, the Court of Appeal’s ruling has now overturned those directives.
The ADC welcomed the appellate court’s decision, describing it as a correction of what it called a serious miscarriage of justice. The party’s National Publicity Secretary, Bolaji Abdullahi, said the judgment vindicated its position that the case was legally defective and unsupported by credible evidence.
National Chairman David Mark also described the deregistration attempt as an assault on multiparty democracy. Mark said the ruling had reaffirmed the constitutional rights of Nigerians and political parties to participate freely in the political process. He urged ADC members and supporters to remain united and intensify mobilisation ahead of the 2027 elections.
ADC presidential candidate Atiku Abubakar said the judgment had reinforced the principle that electoral contests should be determined by voters rather than litigation. According to him, political parties should seek victory through the ballot box instead of attempting to achieve in court what cannot be secured through popular support.
Atiku said the judgment, together with an earlier ruling affirming the David Mark-led ADC leadership, had strengthened the party’s legal standing ahead of the 2027 polls. He also argued that the Court of Appeal had found the deregistration case premature and faulted the lower court for disregarding evidence presented by INEC.
The Osun State Government also welcomed the judgment, with Commissioner for Information and Public Enlightenment Kolapo Alimi saying it had removed efforts to prevent Governor Ademola Adeleke from contesting his re-election. Adeleke is seeking a second term on the Accord Party platform. Alimi said the ruling had restored the rule of law and urged Osun residents to support Adeleke at the August 15 election.
Meanwhile, the Inter-Party Advisory Council (IPAC) called on the National Judicial Council (NJC) to examine judicial decisions it believes conflict with constitutional provisions. IPAC described the appellate judgment as a significant affirmation of constitutional democracy, multiparty politics and the rule of law. The development leaves the five political parties legally recognised as the country moves closer to the 2027 general elections.
