The Abuja division of the Court of Appeal yesterday overturned a decision made by the Federal High Court that had ordered the deregistration of the African Democratic Congress (ADC), Accord Party, and three other political parties.
The appellate court specifically ruled that the judgment requiring the Independent National Electoral Commission (INEC) to deregister these parties was null and void.
Reports indicate that Justice Peter Lifu from the Federal High Court in Abuja had directed INEC to deregister these parties based on their performance in the 2023 general elections.
In response, several political groups, including ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), appealed for the Federal High Court’s decision to be annulled.
The appellate court described the earlier ruling as a nullity and stated that what the trial court did was a form of judicial misbehavior or what the Supreme Court refers to as judicial insubordination.
A three-judge panel led by Justice Abba Mohammed unanimously decided that the trial court did not have the authority to hear this case in the first place.
The appellate court pointed out that the trial court made a mistake by going ahead with the judgment, even though the court of appeal had ordered a stay on proceedings, which includes delivering the judgment.
It also mentioned that the 1st Respondent did not have the right to start the case in the first place, leading to the cancellation of the trial court’s judgment. “The evidence presented clearly shows compliance with Section 225A of the Constitution of Nigeria 1999 (as amended). The trial judge’s decision was incorrect”, stated the appeal court.
In a conversation with newsmen after the ruling, Barr. Peter Abang, who represents the Action Peoples Party (APP), expressed his approval of the appellate court’s decision. “This judgment is a win for democracy in Nigeria. In delivering justice, we must respect the hierarchy of courts in Nigeria because they create an unbroken chain of authority. No court can question the decisions of higher courts,” he said.
