The Court of Appeal in Abuja has set aside the Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements.

In a unanimous judgment delivered by a three-member panel of justices, the appellate court declared the June 15 ruling of the Federal High Court a nullity, holding that the lower court lacked the jurisdiction to entertain the case.

The court ruled that the suit, filed by the National Forum of Former Legislators (NFFL), was incompetent because it was instituted by a non-juristic entity. As such, the appellate court held that there was no valid legal action upon which the Federal High Court could have based its order directing INEC to deregister the affected political parties.

According to the Court of Appeal, the trial court failed to properly assess the evidence before it, particularly evidence showing that the political parties had won elective seats in previous elections. It also faulted the lower court for proceeding with the case despite an existing order directing it to stay proceedings pending the determination of an appeal.

The appellate court held that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.

Delivering the lead judgment, Justice Abba Mohammed ruled that the affected political parties remain duly registered and legally recognized by INEC. The court also allowed the separate appeals filed by the parties and awarded costs against the NFFL, which instituted the suit.

The parties whose registrations were restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP).

The latest ruling reinforces the Court of Appeal's earlier decision of June 16, when it stayed the execution of the Federal High Court judgment and strongly criticized the conduct of the trial judge, Justice Peter Lifu.

The appellate court noted that Justice Lifu had ignored its May 22 order directing him to suspend proceedings pending the outcome of an appeal. Despite being informed of the stay order, the judge proceeded to deliver judgment.

Describing the action as "a form of judicial impertinence," the appellate panel cited previous Supreme Court decisions, stating that a judge who deliberately disregards the judicial hierarchy is "unfit for the bench," as such conduct amounts to "judicial rascality."

Justice Lifu had earlier ordered INEC to deregister the five political parties, barred the electoral commission from recognizing them, accepting their candidates for elections, or allowing them to participate in the 2027 general elections.

The suit, marked FHC/ABJ/CS/2637/2026, was filed by the NFFL, which asked the court to determine whether INEC was constitutionally obligated to deregister political parties that failed to satisfy the electoral performance thresholds stipulated under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.

The plaintiffs argued that the five political parties had consistently failed to meet the constitutional benchmarks required to retain their registration, including securing at least 25 percent of votes in a state during a presidential election or winning at least one elective seat at the federal, state, or local government level.

According to the NFFL, the ADC and the four other parties failed to achieve those benchmarks in the 2023 general elections and subsequent by-elections, making their continued recognition by INEC unlawful and detrimental to the integrity of Nigeria's electoral system.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who was listed as a defendant in the suit, supported the plaintiffs' position. In court filings, the AGF argued that INEC was breaching its constitutional duty by retaining political parties that no longer met the minimum legal requirements for continued registration.

However, dissatisfied with the Federal High Court's judgment, the affected political parties and INEC appealed the decision. The Court of Appeal has now nullified the lower court's ruling, restoring the legal status of the ADC, APP, AA, AP, and ZLP as duly registered political parties eligible to participate in Nigeria's democratic process.

This version is streamlined for publication while preserving all the key legal findings and chronology. If you'd like, I can also produce a shorter "breaking news" version suitable for immediate online publication.

›