Appeal Court Reprieves ADC, Four Other Parties, Voids Deregistration Judgment

The Court of Appeal sitting in Abuja has overturned the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties, restoring their legal status and delivering what lawyers described as a major victory for Nigeria’s democratic process.

In a unanimous decision delivered on Tuesday, a three-member panel led by Justice Abba Mohammed declared the lower court’s judgment null and void, holding that the Federal High Court lacked the jurisdiction to entertain the matter.

The judgment overturned an earlier decision by Justice Peter Lifu of the Federal High Court in Abuja, which had directed the Independent National Electoral Commission (INEC) to deregister the affected parties over their performance in the 2023 general elections.

The appeal was filed by the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), all of which challenged the validity of the lower court’s ruling.

In its decision, the appellate court held that the trial judge acted improperly by proceeding to deliver judgment despite an earlier directive from the Court of Appeal ordering a stay of proceedings.

The court described the action as judicial overreach, stating that the lower court had no authority to continue with the matter after the appellate court’s intervention.

According to the panel, the trial court’s action amounted to judicial insubordination and rendered the entire proceedings invalid.

The Appeal Court further ruled that the plaintiff who instituted the suit lacked the legal standing to bring the action in the first place.

It also found that the evidence before the court showed compliance with the provisions of Section 225A of the 1999 Constitution (as amended), which governs the deregistration of political parties.

Consequently, the appellate court declared the Federal High Court judgment perverse and set it aside in its entirety.

Reacting to the verdict, counsel to the Action Peoples Party (APP), Barrister Peter Abang, hailed the ruling as a landmark decision for constitutional democracy.

He said the judgment reaffirmed the principle that lower courts must obey the decisions and directives of superior courts.

“This judgment is a victory for democracy in Nigeria. It reinforces the principle that the hierarchy of courts must be respected and that no lower court has the authority to disregard or sit in judgment over the orders of a superior court,” he said.

The ruling means the ADC, Accord Party, APP, Action Alliance and Zenith Labour Party remain recognised political parties, bringing an end to the legal uncertainty created by the earlier deregistration order.