Appeal court restores ADC, APP, AA, other parties to INEC register ahead of 2027

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, clearing the way for them to remain on the electoral register ahead of the 2027 general elections.

The ruling, delivered on Tuesday by a three-member panel of the appellate court, nullified the earlier judgment against the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

In the lead judgment delivered by Justice Abba Mohammed, the court held that the Federal High Court lacked the jurisdiction to entertain the case because it was filed by a body that had no legal standing to institute the suit.

The appellate court said there was no valid case before the lower court to justify the order directing INEC to deregister the political parties.

It also faulted the trial court for failing to properly consider evidence showing that the affected parties had won elective seats in previous elections.

The court further ruled that the trial judge erred by continuing with the case despite an earlier order from the Court of Appeal directing that proceedings be suspended pending the determination of an appeal.

As a result, the court declared the deregistration order a nullity, affirmed that all five parties remain duly registered with INEC, and awarded costs against the National Forum of Former Legislators (NFFL), the group that instituted the suit.

The judgment reinforces an earlier decision of the Court of Appeal, which had stayed the execution of the High Court’s ruling shortly after it was delivered.

In that earlier ruling, the appellate court criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite being notified of the order to halt proceedings.

The panel described the action as a breach of judicial hierarchy, citing previous Supreme Court decisions on the duty of lower courts to obey orders from superior courts.

The Federal High Court had ruled in favour of the NFFL, which argued that the five political parties no longer met the constitutional requirements for continued registration.

The group relied on Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and INEC regulations, arguing that political parties that fail to meet minimum electoral performance thresholds should be deregistered.

According to the NFFL, the affected parties failed to secure the required electoral performance, including winning at least one elective office or meeting other constitutional benchmarks in recent elections. It argued that allowing them to remain registered undermined Nigeria’s electoral system.

Lateef Fagbemi, SAN, Attorney-General of the Federation and Minister of Justice,supported the suit, arguing that INEC had a constitutional obligation to deregister parties that no longer met the legal requirements.

However, the Court of Appeal rejected those arguments, holding that the case itself was fundamentally defective and that the High Court had no jurisdiction to make the orders it issued.

The decision means the ADC, APP, AA, AP and ZLP will remain recognised political parties and are eligible to participate in future elections, including the 2027 general elections, unless a higher court rules otherwise.