In a landmark ruling, the Court of Appeal has overturned the decision of the Federal High Court which previously ordered the Independent National Electoral Commission (INEC) to deregister five political parties. The appellate court declared the lower court’s judgment “null and void,” effectively saving the parties from political extinction.
The five parties affected by the initial deregistration order are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and the Zenith Labour Party (ZLP).
Delivering the judgment on Thursday, a three-man panel of the appellate court presided over by Justice Abba Mohammed held that the trial court lacked the jurisdiction to hear the case in the first instance. The panel unanimously set aside the Federal High Court’s decision.
The Court of Appeal did not mince words in its criticism of the lower court’s actions. Describing the earlier judgment as “a nullity,” the appellate court stated that the trial court’s decision to proceed with the case amounted to “judicial impertinence or what the Supreme Court called judicial insubordination.”
The justices highlighted two critical flaws that invalidated the Federal High Court’s decision:
- Disregard for Stay of Proceedings: The appellate court noted that the trial judge was wrong to have proceeded with the delivery of the judgment despite a standing order from the Court of Appeal directing a stay of proceedings, which explicitly included the delivery of the judgment.
- Lack of Locus Standi: The court ruled that the 1st Respondent in the original suit had no locus standi (legal standing or right) to institute the action in the first place.
By declaring the lower court’s judgment a nullity due to lack of jurisdiction and the applicant’s lack of legal standing, the Court of Appeal has secured the immediate future of the ADC, Accord Party, AA, APP, and ZLP. The parties will remain recognized on INEC’s official register of political parties, free to participate in future electoral processes across the country.
