“Judicial Impertinence”: Court of Appeal Overturns Judgment Ordering INEC to Deregister ADC, 4 Other Parties

ABUJA — The Court of Appeal sitting in Abuja has overturned the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties, declaring the decision null and void.

The affected political parties—the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP)—had their legal status restored as the appellate court struck down the lower court’s order.

Key Findings of the Appellate Court

Delivering a unanimous decision, a three-member panel of the Court of Appeal presided over by Justice Abba Mohammed ruled that the trial court lacked jurisdiction to entertain the suit from the outset:

• Judicial Insubordination: The appellate court strongly rebuked the lower court judge, describing the delivery of the judgment as “judicial impertinence” and “judicial insubordination” for proceeding despite an existing order of stay issued by the Court of Appeal.
• Lack of Locus Standi: The court held that the 1st Respondent (the National Forum of Former Legislators) lacked the locus standi to institute the deregistration suit in the first instance.
• Disregard of Appellate Authority: The panel emphasized that the trial court committed a fatal error by rushing to deliver judgment while an appeal and a directive to maintain the status quo were actively pending.

Background of the Legal Battle

  AFFECTED PARTIES:    ADC, Accord Party, Action Alliance (AA), APP, and ZLP
  ORIGINAL PLAINTIFF:  National Forum of Former Legislators
  TRIAL COURT RULING:  Ordered INEC to deregister parties under Sec 225A of 1999 Constitution
  APPEAL COURT VERDICT: Judgment nullified; lower court cited for "judicial impertinence"

The legal dispute stemmed from a suit filed by former lawmakers who argued that the five political parties failed to meet the constitutional electoral performance benchmarks required under Section 225A of the 1999 Constitution (as amended).

However, with the Court of Appeal’s ruling setting aside the lower court’s judgment, all five political organizations retain their full legal rights and recognition as registered political parties.