The Court of Appeal in Abuja has set aside a judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over allegations that they failed to meet constitutional requirements.
In a unanimous decision by a three-member panel of justices, the appellate court held that the order issued by the Federal High Court on June 15 was a nullity.
In the lead judgment delivered by Justice Abba Mohammed, the court held that the trial court wrongly assumed jurisdiction and issued the order on the basis of an incompetent suit filed by a non-juristic entity.
According to the court, there was no valid suit before the Federal High Court that could have warranted the consequential order directing INEC to deregister the affected political parties.
The appellate court noted that the trial court failed to properly evaluate the evidence before it, stressing that proof showing the parties had won elective positions in previous elections was ignored.
It further held that the lower court acted in defiance of an order directing it to stay proceedings in the matter.
The court ruled that the Federal High Court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
Consequently, it held that all the affected political parties remain duly registered.
The appellate court allowed the separate appeals filed by the political parties and awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit against them.
Apart from the ADC, the other parties whose registrations were restored are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal had, on June 16, ordered a stay of execution of the High Court judgment and criticised the trial judge for disregarding judicial hierarchy.
Credit: channelstv.com
