The Court of Appeal in Abuja on Tuesday nullified a Federal High Court judgement that had ordered the deregistration of five opposition political parties ahead of the 2027 general elections and other electoral contests. The unanimous decision by a three-member panel led by Justice Abba Mohammed restored the legal standing of the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
Grounds for Overturning the Lower Court Ruling
The appellate court declared that the Federal High Court lacked the judicial authority to hear the case in the first place. It specifically noted that the trial court had ignored an order of stay of proceedings issued by the Court of Appeal. The justices held that a stay of proceedings covers the delivery of judgement, rejecting the trial court’s justification that the hearing had been concluded before the stay order arrived.
Furthermore, the Court of Appeal ruled that the plaintiff in the original suit—an association named the National Forum of Former Legislators—lacked locus standi to initiate the action. The panel stated that the suit should have been dismissed outright. “The evidence before the court clearly shows compliance with Section 225 (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended); that the judgement of the trial judge was perverse,” the court was quoted as ruling by Daily Trust.
Background of the Deregistration Case
On 15 June, Federal High Court Judge Peter Lifu delivered the controversial judgement in a suit filed by the National Forum of Former Legislators against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and the affected political parties. The association sought to compel INEC to remove the parties from its register, arguing they had failed to meet constitutional requirements under Section 225(a) of the 1999 Constitution based on their performance in the 2023 elections.
Attorney-General of the Federation Lateef Fagbemi supported the suit, while INEC opposed it. Despite lawyers for some of the affected parties informing Judge Lifu of a pending appeal before the Court of Appeal, he proceeded to deliver the judgement, claiming no valid stay order had been served on his court. He subsequently ordered INEC to deregister the five parties.
INEC’s Appeal and Stay of Execution
INEC immediately approached the Court of Appeal the day after the judgement, seeking a stay of execution. On 16 June, the appellate court granted the stay, describing Judge Lifu’s conduct as a breach of its supervisory jurisdiction over lower courts. The panel expressed surprise that Lifu had ignored an earlier order of stay of proceedings pending the appeal, calling his actions “a brazen disregard for judicial authority” and “judicial rascality.”
Tuesday’s final judgement now vacates the June 15 ruling entirely. The Court of Appeal reiterated that the hierarchy of courts must be respected, and no lower court may defy orders from a superior court.
Implications for Political Races
This ruling provides a significant confidence boost for candidates affiliated with the reinstated parties. ADC’s presidential candidate, Atiku Abubakar, and Osun State Governor Ademola Adeleke, who is seeking re-election under the Accord Party banner in the 15 August off-cycle governorship election, now face less legal uncertainty. Without this judicial resolution, any victory by these candidates could have been challenged on the grounds of party deregistration.
Reactions to the Verdict
Peter Abang, a lawyer representing the Action Peoples Party (APP), one of the affected parties, praised the outcome. “This judgement is a victory for democracy in Nigeria and in the administration of justice. The hierarchy of courts in Nigeria must be respected as they establish an unbroken chain of command, and no court has the luxury to sit in judgment against the correctness or otherwise of orders of superior courts,” Daily Trust quoted him as saying.
The appeal court panel concluded that the lower court’s judgement was perverse and that the plaintiff lacked any right to bring the suit. The decision effectively ends the legal battle over the deregistration of these five parties, allowing them to participate fully in upcoming elections.
