Opposition Leaders Celebrates As Appeal Court Annuls Ruling To Deregister ADC, Other Parties

Opposition leaders are celebrating the Court of Appeal’s ruling in Abuja, which overturned the Federal High Court’s June 15 ruling directing the Independent National Electoral Commission to deregister the African Democratic Congress, Action Alliance, Action Peoples Party, Accord, and Zenith Labour Party.

Vice President Atiku Abubakar’s camp, the ADC national chairman David Mark, Osun State Governor Ademola Adeleke, Action Alliance presidential candidate Adekunle Omoaje, and other stakeholders hailed the appellate court’s verdict, describing it as a major victory for constitutional democracy, the rule of law, and Nigeria’s multiparty political system.

The Court of Appeal ruled that the trial court lacked jurisdiction to entertain the suit seeking the deregistration of the ADC and others.

Delivering the lead judgment, Justice Abba Mohammed held that the lower court wrongly assumed jurisdiction over a suit instituted by the National Forum of Former Legislators, which the appellate court ruled was not a juristic person with the legal capacity to sue.

The court held that there was no competent suit before the Federal High Court to warrant the consequential order directing INEC to deregister the affected political parties.

It further faulted the trial court for failing to properly evaluate evidence before it, noting that documentary evidence showing the parties had won elective offices in previous elections was ignored.

The appellate court also condemned Justice Lifu for proceeding with the case despite an earlier order directing him to stay proceedings pending the determination of an interlocutory appeal.

It described the action as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner “is unfit for the bench, as the conduct amounts to judicial rascality.”

The court consequently restored the legal status of all five political parties and awarded costs against the National Forum of Former Legislators, which instituted the suit.

Justice Lifu had, in his June 15 judgment, ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for continued registration.

He also restrained the electoral commission from recognizing the parties or accepting candidates sponsored by them for future elections.

The National Forum of Former Legislators argued that the parties failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended).

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant, supported the plaintiffs’ position.

Dissatisfied with the judgment, the affected political parties and INEC separately approached the Court of Appeal, which on Tuesday allowed their appeals and nullified the judgment in its entirety.

Reacting to the judgment, the ADC said the findings of the Court of Appeal raised fundamental questions about judicial accountability and the integrity of the justice system.

In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said the appellate court found that Justice Lifu “concocted evidence” in reaching his conclusions and proceeded with the case despite a subsisting stay of proceedings.

“We consider this finding by the Court of Appeal extraordinary. It goes to the very heart of the integrity of the judiciary and the judicial process,” the party stated.

The ADC questioned whether a judge so strongly criticized by a superior court should remain on the bench.

“We, therefore, wonder whether such a roundly discredited judge should be allowed to sit on the bench even for a day longer,” it added.

The party welcomed the appellate court’s finding that the plaintiffs lacked the legal standing to institute the suit and said the judgment reaffirmed the rule of law and constitutional democracy.

According to the ADC, the appellate court also accepted INEC’s evidence that the party met the constitutional requirements for continued registration and rejected the trial court’s conclusion that elected ADC officials had defected to another political party without any supporting evidence.