The Court of Appeal in Abuja has overturned a Federal High Court judgment ordering the Independent National Electoral Commission, INEC, to deregister the African Democratic Congress, ADC, and 4 other political parties.
In a unanimous judgment delivered on Tuesday, a 3-member panel led by Justice Abba Mohammed held that the Federal High Court lacked jurisdiction to entertain the suit that resulted in the deregistration order.
The appellate court also ruled that the case was based on an incompetent suit filed by a non-juristic entity, meaning there was no valid legal action to support the order directing INEC to deregister the parties.
The court further faulted the lower court for failing to properly consider evidence that some of the affected parties had won elective seats in previous elections.
It also criticised the Federal High Court for proceeding with the case despite an earlier order directing it to suspend proceedings pending the outcome of an interlocutory appeal.
The Court of Appeal consequently allowed the appeals filed by the affected political parties, set aside the Federal High Court judgment and restored their registration.
The 5 parties are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
The appellate court declared that all 5 parties remain duly registered and also awarded costs against the National Forum of Former Legislators, which instituted the original suit.
The Federal High Court had ordered the deregistration of the parties after finding that they failed to meet constitutional requirements for continued registration, including prescribed levels of electoral performance.
The judgment had also restrained INEC from recognising the parties or accepting candidates sponsored by them ahead of the 2027 general elections.
However, the Court of Appeal has now vacated that judgment in its entirety.
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