Appeal Court judgment: Evidence was concocted in deregistration suit - ADC

The African Democratic Congress (ADC) has welcomed a unanimous Court of Appeal judgment that nullified a Federal High Court decision ordering its deregistration. The ADC stated that the appellate court determined the trial judge, Justice Peter Lifu, had fabricated evidence to support the plaintiffs' case.

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The ADC also considers as extraordinary the finding by the Court of Appeal that Justice Peter Lifu concocted evidence in resolving the dispute in favour of the plaintiff.

This ruling effectively concludes the legal dispute over the party's existence, confirming the ADC as a legitimate political entity under Nigerian law and allowing it to resume its political activities without the distraction of defending its survival. Bolaji Abdullahi, the ADC's National Publicity Secretary, highlighted that the appellate court's decision validated the party's long-standing assertion that the lawsuit was legally unsound and lacked sufficient evidence.

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We believe this goes to the very heart of the integrity of the judiciary and the judicial process.

Abdullahi expressed concern over the Court of Appeal's finding that Justice Peter Lifu allegedly concocted evidence, calling it "extraordinary" and questioning the integrity of the judiciary. He noted this is the second instance where Justice Lifu has faced serious indictment from a superior court in cases involving the ADC, citing alleged wilful disobedience and judicial insubordination.

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We therefore wonder whether such a roundly discredited judge should be allowed to sit on the bench even for a day longer.

The Court of Appeal not only set aside the lower court's judgment but also ruled that the plaintiffs lacked the legal standing to bring the suit. They failed to demonstrate any specific legal interest beyond speculative claims about potentially contesting future elections. Furthermore, the court found the plaintiffs' claims unproven by credible evidence, while accepting INEC's testimony that the ADC met all requirements for its continued existence. The ruling also addressed the status of the party's elected representatives, rejecting the trial court's conclusion that they had defected without sufficient proof.

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In striking out the case for want of jurisdiction, the Court of Appeal declared that the plaintiffs failed to demonstrate any legal interest peculiar to themselves, relying instead on speculative assertions that they had previously contested elections and might do so again in future, which the court found insufficient to invoke its jurisdiction.