THE Abuja Division of the Court of Appeal has dramatically overturned a Federal High Court judgment that ordered the deregistration of five opposition political parties, describing the lower court’s actions as a flagrant act of “judicial insubordination.”
In a unanimous decision delivered on Tuesday, a three-member panel led by Justice Abba Mohammed set aside the order directing the Independent National Electoral Commission (INEC) to withdraw the certificates of the African Democratic Congress (ADC), Accord Party, Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP).
The appellate court held that the trial court, presided over by Justice Peter Lifu, lacked the jurisdiction to entertain the suit in the first place. It ruled that the plaintiff, the National Forum of Former Legislators (NFFL), was a non-juristic entity and therefore lacked the locus standi to initiate the action.
Furthermore, the Court of Appeal heavily criticised the Federal High Court for proceeding with the delivery of its judgment despite a subsisting order from the appellate court directing a stay of proceedings.
The panel condemned this defiance, stating that it amounted to “judicial impertinence” or what the Supreme Court has previously described as “judicial insubordination.”
‘Perverse’ Judgment
The appellate court also ruled that the lower court failed to properly evaluate evidence, noting that there was proof the affected parties had won elective positions in previous elections. It declared that the evidence demonstrated compliance with Section 225A of the 1999 Constitution, and consequently labelled the trial judge’s decision “perverse”.
In its ruling, the court restored the legal status of all five political parties, declaring that they remain duly registered to participate in future elections, including the 2027 general elections and upcoming off-cycle polls . Costs were also awarded against the NFFL.
Background
The legal battle began when the NFFL sought to compel INEC to deregister the parties over their performance in the 2023 general elections . Justice Lifu had previously ruled in their favour, ordering INEC to withdraw recognition and barring the parties from participating in the 2027 elections.
However, the Court of Appeal’s decision has now cleared the path for the parties, with the ADC welcoming the verdict as a victory for constitutional democracy and a “clearance” of all legal obstacles to its participation in future polls.
