The Court of Appeal, Abuja Division, has set aside the judgment of the Federal High Court that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.
The appellate court specifically declared the judgment that ordered the Independent National Electoral Commission (INEC) to deregister the parties “null and void.”
Daily Trust reports that Justice Peter Lifu of the Federal High Court, sitting in Abuja, had ordered the electoral body to deregister the parties over their performance after the 2023 general elections.
The ruling triggered new uncertainty for the affected parties, which include ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
However, the political parties sought nullification of the Federal High Court judgment.
They argued that the trial court lacked the power to hear the case and that its order violated the constitutional framework guiding party registration and deregistration.
Appeal Court Cites Lack of Power and Disregard of Stay Order
But the appellate court, while describing the judgment “a nullity,” held that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
The three-man panel of the appellate court presided over by Justice Abba Mohammed, in a unanimous decision, held that the trial court had no judicial power to hear the case initially.
The appellate court noted that the trial court was wrong to have proceeded with the delivery of the judgment despite the order of the Court of Appeal directing a stay of proceedings, which includes the delivery of the judgment.
It also noted that the 1st Respondent had no locus standi to institute the action in the first instance, thereby setting aside the judgment of the trial court.
“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court said.
Section 225A of the 1999 Constitution (as amended) sets out the performance threshold and conditions under which INEC may deregister political parties, including vote share and seat wins in elections.
The provision is meant to ensure that only parties with measurable electoral support remain on the register.
Speaking to journalists on the sideline of the judgment, counsel to Action Peoples Party (APP), Barr. Peter Abang, expressed satisfaction over the decision of the appellate court.
He said, “This judgement is a victory for democracy in Nigeria and that 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.”
The ruling restores the status of the five parties and removes the immediate threat of deregistration.
It also reinforces the principle that lower courts must respect stay orders from higher courts while appeals are pending.
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The political game, such an interesting intellectual game. Only a few know how to play it, and even fewer are allowed to play it, but the irony is the general masses are being played by the players😂😂