Appeal Court reverses order deregistering ADC, four others

The Court of Appeal in Abuja has nullified a Federal High Court judgment that had ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties. The appellate court unanimously declared the June 15 judgment a nullity, stating it was delivered without jurisdiction.

A three-member panel of justices, led by Justice Abba Mohammed, found that the trial court had wrongly assumed jurisdiction and issued the order based on an incompetent suit filed by a non-juristic entity. The court emphasized that there was no valid suit that could have justified the consequential order directing INEC to deregister the parties. Furthermore, the appellate court noted that the trial court failed to properly evaluate the evidence, ignoring proof that the parties had won various elective seats in past elections.

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a form of judicial impertinence

The appellate court also highlighted that the lower court acted in defiance of a prior order to stay proceedings pending an interlocutory appeal. Consequently, the Federal High Court should have dismissed the substantive suit for lack of jurisdiction and merit. The appeals filed by the political parties were allowed, their registrations were restored, and costs were awarded against the National Forum of Former Legislators, the entity that initiated the suit.

The affected parties are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party. The appellate court confirmed that all these parties remain duly registered. This decision follows an earlier stay of execution granted by the appellate court on June 16, pending the determination of the appeals. The panel criticized Justice Peter Lifu for proceeding with the case despite being aware of the stay order, describing his actions as "judicial impertinence" and "judicial rascality."

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is unfit for the bench, as the conduct amounts to judicial rascality.