Appeal Court Nullifies Order to Deregister ADC and Four Other Parties

By Victor Idajili

The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered the Independent National Electoral Commission, INEC, to deregister the African Democratic Congress, ADC, and four other political parties.

In unanimous rulings delivered on Tuesday, a three-member panel led by Justice Abba Mohammed set aside the June 15 judgment of Justice Peter Lifu, which had directed INEC to deregister the parties for allegedly failing to meet the 25% constitutional threshold required for continued registration.

The appellate court held that the Federal High Court lacked jurisdiction to hear the case in the first place.

The suit was filed by the Registered Trustees of the National Forum of Former Legislators, NFFL.According to the Court of Appeal, the group was not a registered entity at the time it instituted the case, making the suit incompetent from the start.

The panel faulted the trial court for allowing NFFL to amend the suit, saying an incompetent suit cannot be amended into a competent one.

“There was no valid suit that could have warranted the consequential order directing INEC to derecognise the political parties,” the court said.

It also said Justice Lifu failed to properly evaluate evidence showing that the affected parties had won seats in previous elections. That evidence, the court noted, was ignored.

The Court of Appeal further held that the Federal High Court disregarded its own May 22 order directing it to stay further proceedings in the matter. 

In view of these, the appellate court said the trial court ought to have dismissed the case outright for both lack of jurisdiction and lack of merit.