The Court of Appeal has overturned the Federal High Court’s decision ordering the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
The other parties affected by the now-nullified judgment are the Accord Party, Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP).
In a unanimous decision delivered by a three-member panel presided over by Justice Abba Mohammed, the appellate court declared the Federal High Court’s judgment “null and void.”
The Court of Appeal described the lower court’s decision as “a nullity,” holding that “what the learned trial court did amounted to judicial impertinence or what the Supreme Court called judicial insubordination.”
According to the appellate court, the Federal High Court lacked the jurisdiction to hear and determine the matter in the first instance.
The court further held that the trial court acted wrongly by proceeding to deliver its judgment despite an existing order of the Court of Appeal directing a stay of proceedings, which included the delivery of judgment.
The appellate court also ruled that the 1st Respondent lacked the legal standing (locus standi) to institute the suit.
Consequently, the Court of Appeal set aside the judgment of the Federal High Court, effectively restoring the legal status of the five affected political parties.
