The Court of Appeal has overturned a judgement ordering the removal of the African Democratic Congress, ADC, from the portal of the Independent National Electoral Commission, INEC.
The appellate court declared the earlier ruling, which directed the Independent National Electoral Commission (INEC) to deregister the affected political parties, null and void, stating that the lower court acted outside its powers and lacked the jurisdiction to entertain the matter from the outset.
The judgement also restored the legal status of the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), effectively reversing the earlier order for their deregistration after a three-member panel, led by Justice Abba Mohammed, delivered the unanimous decision on Tuesday at the Court of Appeal, Abuja Division.
According to the court, the Federal High Court erred by proceeding to deliver its judgement despite an existing order from the Court of Appeal directing that all proceedings, including the delivery of judgement, should be stayed.
Furthermore, the appellate panel ruled that the individual who instituted the suit lacked the legal standing to do so, making the entire proceedings fundamentally defective.
It added that the trial court’s decision was inconsistent with the provisions of Section 225A of the 1999 Constitution, as amended.
“The evidence before the court clearly shows compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The judgement of the trial judge was perverse,” the appellate court held.
Also, the court criticised the conduct of the trial court, describing its actions as a nullity and stating that they amounted to judicial insubordination by proceeding contrary to the directive of a superior court.
The Guild reports that this ruling set aside the earlier judgement delivered by Justice Peter Lifu of the Federal High Court in Abuja, which had ordered INEC to deregister the parties over their performance in the 2023 general elections.
Meanwhile, reacting to the verdict, counsel to the Action Peoples Party, Barrister Peter Abang, welcomed the decision, describing it as a major boost for Nigeria’s democratic process.
“This judgement is a victory for democracy in Nigeria. It also reaffirms that the hierarchy of courts must be respected, as no lower court has the authority to disregard or sit in judgement over the orders of a superior court,” Abang said.