Appeal Court Reverses Order Deregistering ADC, Four Other Political Parties
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Appeal Court Reverses Order Deregistering ADC, Four Other Political Parties
Appeal Court Reverses Order Deregistering ADC, Four Other Political Parties
The Court of Appeal in Abuja has set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous judgment delivered by a three-member panel on Monday, the appellate court held that the trial court lacked the jurisdiction to entertain the suit and consequently declared its June 15 judgment null and void.
The Federal High Court had ordered INEC to deregister the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), ruling that the parties had failed to meet the constitutional requirements for continued registration and participation in elections.
The trial court also restrained INEC from recognising the parties, accepting nominations from them or allowing them to participate in the 2027 general election.
The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the affected political parties no longer satisfied the constitutional conditions required to retain their registration.
However, delivering the lead judgment of the appellate court, Justice Abba Mohammed held that the NFFL was a non-juristic entity and therefore lacked the legal capacity to institute the action, rendering the entire proceedings incompetent.
The court ruled that there was no valid suit upon which the Federal High Court could have ordered INEC to withdraw recognition from the affected parties.
The appellate court further faulted the trial judge for failing to properly evaluate the evidence before the court, noting that documents showing the affected parties had won elective offices in previous elections were ignored.
It also held that the trial court erred by proceeding with the matter despite an existing order directing it to stay proceedings pending the determination of an appeal.
The Court of Appeal concluded that the Federal High Court ought to have dismissed the suit for lack of jurisdiction and merit.
Consequently, it allowed the separate appeals filed by the affected political parties, restored their legal status, and awarded costs against the National Forum of Former Legislators, the plaintiff in the case.