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, restoring their legal status ahead of the 2027 general elections.

In a unanimous decision delivered by a three-member panel led by Justice Abba Mohammed on Tuesday, the appellate court ruled that the lower court lacked jurisdiction to entertain the suit, rendering its June 15 judgment a nullity.

The appellate court held that the case was initiated by a non-juristic entity, making the suit incompetent. It ruled that there was no valid legal basis for the Federal High Court to direct INEC to deregister the affected political parties.

The court also found that the trial court failed to properly evaluate evidence showing that the parties had won elective positions in previous elections. It further criticised the lower court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an interlocutory appeal.

The appellate court allowed the separate appeals filed by the political parties and INEC, restored the registration of the parties and awarded costs against the National Forum of Former Legislators, which instituted the suit.

The affected parties are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP). The court declared that all five parties remain duly registered.

The appellate court also faulted the conduct of Justice Peter Lifu, noting that he proceeded to deliver judgment despite being informed of a stay order issued on May 22. It described the action as “a form of judicial impertinence”, citing Supreme Court precedent that such conduct amounts to judicial rascality.

Justice Lifu had earlier ruled that the parties failed to meet constitutional requirements for continued registration and ordered INEC to stop recognising them or accepting candidates sponsored by them ahead of the 2027 elections.

The suit, filed by the National Forum of Former Legislators, argued that the parties failed to satisfy the electoral performance thresholds under Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022. The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), supported the plaintiffs’ position.

However, the Court of Appeal set aside the entire judgment, clearing the affected parties to continue operating as duly registered political parties.