The Court of Appeal has set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
The other political parties affected by the now-nullified deregistration order are the Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
In a unanimous decision delivered by a three-member panel led by Justice Abba Mohammed, the appellate court declared the Federal High Court’s judgment “null and void.”
The Court of Appeal held that the trial court lacked the jurisdiction to entertain the matter from the outset. It further criticised the lower court for proceeding to deliver its judgment despite an existing Court of Appeal order directing a stay of proceedings, including the delivery of judgment.
Describing the action of the trial court as “judicial impertinence” and “judicial insubordination,” the appellate court stressed that the lower court acted contrary to established judicial procedure.
The court also ruled that the 1st Respondent lacked the legal standing (locus standi) to institute the suit in the first place.
Consequently, the Court of Appeal set aside the Federal High Court’s judgment in its entirety, effectively restoring the legal status of the five affected political parties.
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