The Court of Appeal in Abuja has set aside a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous decision, a three-member panel of the appellate court held that the June 15 order issued by the Federal High Court was a nullity.
The court ruled that the trial court wrongly assumed jurisdiction over an incompetent suit filed by a non-juristic entity and that no valid case existed to justify the consequential orders against the parties.
The appellate court further found that the high court failed to properly evaluate evidence before it, including proof that the parties had won seats in previous elections. It also held that the trial judge acted in defiance of an earlier appellate order directing a stay of proceedings.
In the lead judgment delivered by Justice Abba Mohammed, the Court of Appeal declared that the five political parties remain duly registered. It allowed the separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the original suit.
The parties whose registration was restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court had earlier, on June 16, ordered a stay of execution of the high court judgment. It strongly criticised Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver judgment despite an order made on May 22 directing him to stay proceedings pending the outcome of the appeal.
The panel described the trial judge’s action as “a form of judicial impertinence,” noting that the Supreme Court had previously held that such conduct amounts to judicial rascality and renders a judge unfit for the bench.
The Federal High Court had earlier directed INEC to deregister the five parties for allegedly failing to meet constitutional requirements under Section 225A of the 1999
