Appeal Court Nullifies Judgment Ordering Deregistration of ADC, Four Other Parties
The Court of Appeal has set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, declaring the decision null and void.
The affected parties are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP) and the Zenith Labour Party (ZLP).
In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that the Federal High Court lacked the jurisdiction to entertain the suit that culminated in the deregistration order.
The court described the lower court’s decision as a “nullity,” stating that its actions amounted to “judicial impertinence” and what the Supreme Court has previously referred to as “judicial insubordination.”
According to the appellate court, the trial court erred by proceeding to deliver its judgment despite an earlier order of the Court of Appeal directing a stay of proceedings, including the delivery of judgment.
The panel further held that the 1st Respondent lacked the requisite legal standing (locus standi) to institute the action, rendering the entire proceedings incompetent.
Consequently, the Court of Appeal allowed the appeal and set aside the judgment of the Federal High Court, thereby nullifying the order directing INEC to deregister the five political parties.