The Court of Appeal in Abuja voided a Federal High Court judgment that ordered the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties, clearing their path to contest the 2027 general elections and restoring their official registration status.
Opposition leaders celebrated a major legal victory this week after the Court of Appeal in Abuja set aside a June 15 judgment delivered by Justice Peter Lifu of the Federal High Court. The lower court had ordered the Independent National Electoral Commission to deregister the African Democratic Congress alongside the Action Alliance, Action Peoples Party, Accord Party, and Zenith Labour Party.
A three-member appellate panel led by Justice Abba Mohammed allowed the separate appeals filed by the affected political parties. The court held that the trial court lacked jurisdiction because the suit was initiated by a non-juristic entity.
Appellate Court Slams Trial Judge for Judicial Rascality and Defiance
The appellate panel condemned the conduct of the trial judge, directing severe criticism at Justice Peter Lifu for ignoring explicit judicial directives. The Court of Appeal had issued a stay of proceedings on May 22, but the trial judge intentionally flouted the order and delivered his ruling on June 15.
The justices didn’t mince words about the breach of judicial hierarchy.
“What the learned trial court did amounts to judicial impertinence or what the Supreme Court called judicial insubordination.”
Appellate Panel Justices, Court of Appeal
The panel added that a judge who acts in such a manner is unfit for the bench because the conduct amounts to judicial rascality.
Origins of the Legal Battle and Constitutional Thresholds
The litigation began when the National Forum of Former Legislators filed a suit asking the court to determine whether the electoral commission had a constitutional obligation to remove parties failing to meet performance thresholds under Section 225A of the 1999 Constitution, the Electoral Act 2022, and INEC regulations.
The plaintiffs argued that the targeted parties failed to secure at least 25 per cent of votes in a state during a presidential election or win at least one elective seat at the national, state, or local government level.
However, the Court of Appeal rejected those arguments. The appellate court found that the evidence clearly showed compliance with the constitutional provisions, rendering the lower court’s deregistration order a complete nullity.
Political Leaders Hail Landmark Ruling Ahead of 2027 Elections
Political leaders across the opposition spectrum welcomed the judgment as a vital safeguard for Nigeria’s multiparty democracy. David Mark, the National Chairman of the African Democratic Congress, praised the decision through a statement issued by his special adviser on media and publicity, Kola Ologbondiyan, stating that the verdict restored confidence in the nation’s judiciary.
The Atiku Media Office described the ruling as a landmark decision that removed every legal obstacle preventing the ADC from participating in the upcoming general elections. Meanwhile, Osun State Governor Ademola Adeleke, who is contesting his second-term ticket on the platform of the Accord Party, noted that the ruling put to rest efforts to keep him off the ballot paper.
With all orders from the high court set aside, the five political parties retain their legal recognition, ensuring their active participation in the 2027 electoral cycle and upcoming off-cycle polls.
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