The Court of Appeal, Abuja Division, on Tuesday overturned the Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.
The appellate court declared the judgment directing the Independent National Electoral Commission (INEC) to deregister the parties “null and void”.
Justice Peter Lifu of the Federal High Court in Abuja had ordered INEC to deregister the party over its performance after the 2023 general elections.
The affected parties, including ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), had asked the Court of Appeal to nullify the Federal High Court judgment.
In its ruling, the appellate court described the judgment as “a nullity”, adding that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
A three-man panel led by Justice Abba Mohammed unanimously ruled that the trial court lacked the judicial power to hear the case in the first place.
The appellate court also faulted the trial court for delivering its judgment despite an order from the Court of Appeal directing a stay of proceedings, which included delivery of the judgment.
It further held that the 1st Respondent had no locus standi to institute the case, leading to the trial court judgment being set aside.
“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court said.
