The Court of Appeal in Abuja has set aside the judgment of the Federal High Court that ordered the deregistration of five opposition political parties, restoring their legal status ahead of the 2027 general elections and other upcoming off-cycle polls.
The parties affected by the ruling are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
In a unanimous decision delivered on Tuesday, a three-member panel led by Justice Abba Mohammed ruled that the Federal High Court lacked the jurisdiction to entertain the suit that sought the deregistration of the parties.
The appellate court held that the lower court acted improperly by delivering judgment despite an existing order staying proceedings in the matter.
According to the justices, a stay of proceedings extends to every stage of a case, including the delivery of judgment, rejecting the trial court’s argument that the hearing had already been concluded before the stay order was received.
The court also ruled that the National Forum of Former Legislators, which instituted the suit at the Federal High Court, lacked the legal standing to bring the action in the first place.
It held that the trial court ought to have dismissed the case rather than proceeding to determine its merits.
“The evidence before the court clearly shows compliance with Section 225(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended); that the judgement of the trial judge was perverse,” the appellate court held.
The judgment affirms an earlier decision of the Court of Appeal, which had suspended the execution of the Federal High Court’s ruling shortly after it was delivered.
At the time, the appellate court faulted Justice Peter Lifu for continuing with the proceedings despite a subsisting stay order issued by the higher court, describing his actions as an abuse of judicial authority.
The original suit was filed by the National Forum of Former Legislators against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and the affected political parties.
The group had asked the court to compel INEC to remove the parties from its register, arguing that they failed to satisfy constitutional requirements for retaining their registration under Section 225(a) of the 1999 Constitution, particularly based on their performance in the 2023 general elections.
While the Attorney-General of the Federation, Lateef Fagbemi, supported the suit, INEC opposed the request.
Despite being informed by lawyers representing some of the political parties that an appeal was already pending, Justice Lifu proceeded to deliver judgment on June 15, insisting no valid stay order had been served on his court.
He subsequently directed INEC to deregister the five political parties.
INEC immediately challenged the ruling at the Court of Appeal, which granted a stay of execution the following day.
In its earlier ruling, the appellate court criticised the trial judge for disregarding its supervisory authority, describing the decision to proceed with judgment despite the stay order as a “brazen disregard for judicial authority” and characterising the conduct as “judicial rascality.”
Reacting to Tuesday’s judgment, counsel to the Action Peoples Party (APP), Peter Abang, welcomed the decision, describing it as a significant victory for Nigeria’s democratic process and the rule of law.
“This judgement is a victory for democracy in Nigeria and that in the administration of justice,” he said.
“The hierarchy of courts in Nigeria must be respected as they establish an unbroken chain of command and no court has the luxury to sit in judgment against the correctness or otherwise of orders of superior courts.”
