The Court of Appeal in Abuja has overturned the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The decision was delivered on Tuesday by a three-member panel led by Justice Abba Mohammed, which ruled that the lower court lacked the legal authority to entertain the case in the first place.
The appellate court held that the suit filed against the affected parties was incompetent because it was brought by an entity that had no legal standing. As a result, the judges ruled that there was no valid case before the Federal High Court and that the order directing INEC to remove the parties from its register could not stand.
The court also found that the trial judge failed to properly consider evidence showing that the political parties had won elective positions in previous elections. According to the ruling, those records should have been examined before any decision affecting their registration was made.
In addition, the Appeal Court said the Federal High Court proceeded with the matter despite an earlier directive ordering it to suspend proceedings until an interlocutory appeal had been decided. The appellate judges held that the lower court should have dismissed the case because it lacked jurisdiction and had no merit.
Following its findings, the Court of Appeal allowed the separate appeals filed by INEC and the affected political parties. It restored the registration of the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, confirming that they remain legally recognised political parties in Nigeria. The court also awarded costs against the National Forum of Former Legislators, which instituted the suit.
The appellate court had earlier suspended the execution of the Federal High Court judgment on June 16 while the appeals were being considered. In its latest ruling, the panel criticised the decision of the trial judge to continue with the case after being informed of the order to halt proceedings, describing the action as contrary to established judicial practice.
The Federal High Court had earlier ruled that the five political parties should be deregistered, holding that they failed to meet constitutional requirements for continued registration. It also barred INEC from recognising them or accepting candidates sponsored by them ahead of the 2027 general elections.
The case arose from a suit filed by the National Forum of Former Legislators, which argued that the parties did not meet the electoral performance conditions required under the Constitution and the Electoral Act. The group maintained that the parties failed to secure the required votes or elective positions to remain registered. The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported that position during the proceedings.
Dissatisfied with the Federal High Court’s judgment, the five political parties and INEC challenged the decision before the Court of Appeal. After reviewing the case, the appellate court set aside the entire judgment, restoring the legal status of the affected parties ahead of the 2027 elections.