The Court of Appeal in Abuja has overturned a Federal High Court judgment that ordered the Independent National Electoral Commission to deregister five opposition political parties, reinstating their status as legally recognized entities.
A unanimous three-member panel led by Justice Abba Mohammed declared the lower court’s June 15 ruling null and void.
The decision fully restores the legal standing of the African Democratic Congress, Accord Party, Action Alliance, Action Peoples Party, and Zenith Labour Party, allowing them to remain on the ballot for upcoming off-cycle polls and future national elections.
In setting aside the trial court’s order, the appellate panel held that the suit brought by the National Forum of Former Legislators was fundamentally defective.
The justices ruled that the forum lacked the requisite legal standing to initiate the action in the first place, meaning the Federal High Court ought to have dismissed the case for lack of jurisdiction.
The Court of Appeal also criticized the trial court judge for proceeding to deliver judgment despite an existing stay of proceedings issued by the appellate court. The panel emphasized that ignoring a higher court’s stay order undermined judicial hierarchy and rendered the resulting judgment invalid.
Furthermore, the appellate court noted that the evidence presented clearly showed the affected political parties had fulfilled the statutory conditions under Section 225(a) of the Nigerian Constitution to retain their registration.
