The Court of Appeal in Abuja has overturned the judgement of the Federal High Court deregistering five opposition political parties, restoring their legal status ahead of the 2027 general elections and off-cycle polls scheduled for later this year.
In a unanimous judgement delivered on Tuesday, a three-member panel of the appellate court, led by Justice Abba Mohammed, declared the Federal High Court’s June 15 ruling null and void, holding that the lower court lacked the jurisdiction to entertain the suit in the first place.
The parties affected by the earlier deregistration order are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
The Court of Appeal ruled that the Federal High Court erred by proceeding to deliver judgement despite a subsisting order staying proceedings in the case.
According to the appellate court, the stay of proceedings extended to the delivery of judgement, rejecting the trial court’s position that the matter had already been concluded before the stay order was brought to its attention.
The court also held that the plaintiff, the National Forum of Former Legislators, lacked the legal standing (locus standi) to institute the suit and that the case ought to have been dismissed.
“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 of Appeal held.
Tuesday’s verdict affirmed an earlier ruling of the appellate court delivered on June 16, when it stayed the execution of the Federal High Court’s judgement pending the determination of the appeal.
In that ruling, the Court of Appeal criticised Justice Peter Lifu of the Federal High Court for proceeding with the matter despite a valid stay order issued by the appellate court, describing his conduct as “judicial rascality” and a “brazen disregard for judicial authority.”
The deregistration order stemmed from 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 five political parties.
The group had asked the court to compel INEC to remove the parties from its register, arguing that they failed to satisfy constitutional requirements under Section 225(a) of the 1999 Constitution based on their performance in the 2023 general elections.
While the attorney-general of the Federation, Lateef Fagbemi, supported the suit, INEC opposed it and subsequently appealed the judgement after Justice Lifu ordered the deregistration of the parties.
The electoral commission secured a stay of execution from the Court of Appeal a day after the judgement, preventing the immediate implementation of the deregistration order.
The latest judgement removes the legal uncertainty surrounding candidates contesting elections on the platforms of the affected parties, including the ADC and Accord Party, ahead of the 2027 general elections and upcoming off-cycle polls.
The ruling is expected to bolster the ADC, whose presidential candidate is Atiku Abubakar, as well as Osun State Governor Ademola Adeleke, who is seeking re-election on the Accord Party platform in the state’s August 15 governorship election.
