Appeal Court Reinstates ADC

Author: Gist Correspondent

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, declaring the earlier ruling null and void.

In a unanimous decision delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the Federal High Court lacked the jurisdiction to entertain the case, describing the suit filed by the National Forum of Former Legislators (NFFL) as incompetent because it was instituted by a non-juristic entity.

The court ruled that there was no valid legal action upon which the lower court could have based its directive compelling INEC to withdraw recognition from the affected political parties. It further faulted the trial court for failing to properly assess evidence showing that the parties had won elective positions in previous elections.

The appellate court also held that the Federal High Court acted in defiance of an earlier order directing it to suspend proceedings pending the determination of an appeal. It stated that the lower court ought to have dismissed the case for lack of jurisdiction and merit.

Consequently, the court restored the legal status of the affected parties, namely the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), affirming that they remain duly registered political parties eligible to participate in Nigeria\'s electoral process.

The appellate court also awarded costs against the NFFL, which had instituted the suit, after allowing separate appeals filed by the political parties and INEC.

The High Court had earlier ruled that the five parties failed to meet constitutional requirements for continued registration, directing INEC to stop recognising them, reject their candidates and bar them from participating in the 2027 general elections.

The appellate court had previously stayed the execution of that judgment and criticised the trial judge for proceeding with the case despite an order to halt proceedings, describing the action as a breach of judicial hierarchy. With the latest ruling, the earlier deregistration order has been completely set aside, bringing the legal dispute to a close in favour of the affected political parties.