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 over alleged failure to satisfy constitutional requirements.

In a unanimous judgment delivered by a three-member panel of justices, the appellate court ruled that the June 15 decision of the Federal High Court was a nullity, holding that the trial court lacked the jurisdiction to entertain the suit.

Delivering the lead judgment, Justice Abba Mohammed held that the case was initiated by a non-juristic entity, rendering the suit incompetent from the outset. He stated that there was no valid action before the lower court upon which it could lawfully issue an order directing INEC to deregister the political parties.

The appellate court further faulted the trial judge for failing to properly evaluate the evidence presented, noting that proof showing the affected parties had won elective positions in previous elections was ignored.

The court also held that the Federal High Court acted in violation of an earlier order directing it to stay proceedings pending the determination of an appeal. It ruled that the lower court ought to have dismissed the substantive suit for lack of jurisdiction and merit.

Consequently, the Court of Appeal allowed the separate appeals filed by the affected political parties and declared that they remain duly registered political parties under Nigerian law. It also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit.

The political parties whose registrations were restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The judgment reaffirmed the appellate court's earlier position after it had, on June 16, stayed the execution of the High Court's decision while criticizing the conduct of the trial judge.

The appellate panel observed that despite an order issued on May 22 directing Justice Peter Lifu of the Federal High Court to suspend proceedings pending the outcome of an appeal, the judge proceeded to hear the matter and deliver judgment.

Describing the action as a clear disregard for judicial hierarchy, the appellate court characterized it as "judicial impertinence," adding that the Supreme Court had consistently condemned such conduct as amounting to "judicial rascality."

The Federal High Court had earlier directed INEC to deregister the five political parties, holding that they failed to meet the constitutional benchmarks required to retain their registration.

Justice Lifu also restrained INEC from recognizing the affected parties, accepting nominations from them, or allowing them to participate in preparations for the 2027 general elections.

The decision followed a suit filed by the National Forum of Former Legislators (NFFL), marked FHC/ABJ/CS/2637/2026, which sought a declaration that INEC was constitutionally obligated to deregister political parties that failed to satisfy the electoral performance requirements contained in Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.

The plaintiffs argued that the ADC and the four other parties had failed to achieve the constitutional thresholds, including securing at least 25 percent of votes in a state during a presidential election or winning at least one elective office at the federal, state, or local government level.

According to the NFFL, the parties' poor performance in the 2023 general elections and subsequent by-elections rendered their continued registration unlawful and detrimental to the integrity of Nigeria's electoral system.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who was joined as a defendant in the case, supported the plaintiffs' position before the trial court.

In his submissions, the Attorney General argued that retaining political parties that failed to meet constitutional requirements amounted to a breach of the law and undermined the credibility of the country's electoral process.

However, dissatisfied with the Federal High Court's ruling, the affected political parties and INEC appealed the judgment, prompting the Court of Appeal to overturn the deregistration order and affirm their continued legal status.