Appeal Court reverses order deregistering ADC, four others
The Court of Appeal in Abuja has nullified a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC). The appellate court cited a lack of jurisdicti…
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The Federal High Court had previously ordered the deregistration of the parties for allegedly failing to meet constitutional electoral performance thresholds. However, the Appeal Court ruled that the original suit was incompetent, the trial court lacked jurisdiction, and the judge acted improperly by proceeding with the case despite a stay order, thus restoring the parties' registration.
Imagine a school principal telling five clubs they can't be clubs anymore because they didn't win enough competitions. But then, the head of all the schools steps in and says, "Hold on! That principal wasn't even allowed to make that decision, and the rules they used were wrong! Plus, the principal was told to wait but didn't." So, the five clubs get to be clubs again, and the principal gets a stern talking-to.
Analysis
Jurisdictional Overreach and Incompetent Suit
The Court of Appeal's unanimous decision to nullify the Federal High Court's judgment hinged primarily on two critical legal deficiencies: a lack of jurisdiction and the incompetence of the initial suit. The appellate court, led by Justice Abba Mohammed, determined that the trial court wrongly assumed authority over the matter. This meant that the Federal High Court's June 15 judgment, which had directed INEC to deregister the African Democratic Congress (ADC), Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party, was rendered a nullity from the outset.
Furthermore, the appellate court found that the suit itself, instituted by the National Forum of Former Legislators, was filed by a "non-juristic entity," making it fundamentally flawed. This rendered the entire legal proceeding invalid, as there was no proper plaintiff with the legal standing to bring such a case. The Appeal Court emphasized that without a valid suit, there could be no legitimate basis for the consequential order to deregister the affected political parties, effectively dismantling the lower court's entire premise.
Reaffirming Electoral Participation and Constitutional Mandates
The reversal by the Court of Appeal has significant implications for electoral participation and the interpretation of constitutional mandates in Nigeria. The Federal High Court's original order was based on the argument that the five parties failed to satisfy Section 225A of the 1999 Constitution (as amended) and the Electoral Act 2022, which prescribe electoral performance thresholds for continued registration. These thresholds include securing at least 25 percent of votes in a state during a presidential election or winning at least one elective seat at national, state, or local government levels.
By overturning this judgment, the appellate court has effectively restored the registration of these parties, allowing them to participate in future elections, including the upcoming 2027 general elections. This decision underscores the judiciary's role in safeguarding the rights of political entities and ensuring that deregistration processes strictly adhere to legal and constitutional frameworks. It also highlights the need for meticulous evaluation of evidence, as the Appeal Court noted that the trial court failed to consider proof showing the parties had won various elective seats in previous elections.
A Stern Judicial Reprimand
Beyond the jurisdictional and substantive issues, the Court of Appeal delivered a strong rebuke against the conduct of Justice Peter Lifu, the trial judge. The appellate court faulted Justice Lifu for proceeding with the case and delivering judgment despite an earlier order issued on May 22, directing him to stay proceedings pending the determination of an interlocutory appeal. This defiance was described as "a form of judicial impertinence" by the appellate panel.
The Appeal Court went further, citing previous Supreme Court rulings that characterize such conduct as "judicial rascality," deeming a judge who acts in such a manner "unfit for the bench." This stern reprimand serves as a critical reminder of the importance of judicial discipline and adherence to higher court directives within the Nigerian legal system. It reinforces the principle that judges must respect the hierarchy of courts and avoid actions that undermine the integrity and orderliness of judicial processes.
Key points
- The Court of Appeal nullified a Federal High Court order deregistering five political parties.
- The affected parties include the African Democratic Congress (ADC), Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.
- The appellate court ruled that the Federal High Court lacked jurisdiction and the original suit was incompetent.
- Trial judge, Justice Peter Lifu, was strongly criticized for judicial misconduct, including defying a stay of proceedings order.
- The registration of all five political parties has been restored, allowing them to participate in future elections.
This ruling reinforces the rule of law and judicial independence in Nigeria, ensuring that political parties are not arbitrarily deregistered. It could lead to a more robust multi-party democracy by allowing diverse voices to compete in elections, offering voters more choices and potentially strengthening the electoral process.
The initial attempt to deregister parties highlights ongoing challenges in interpreting and enforcing electoral laws, which could lead to continued legal battles and uncertainty for political actors. The judicial misconduct noted also raises concerns about the consistency and integrity of some lower court proceedings.
