In a unanimous judgment delivered on Tuesday, a three-member panel of the Court of Appeal led by Justice Abba Mohammed declared the June 15, 2026, decision of the Federal High Court a nullity, holding that the lower court lacked the jurisdiction to entertain the suit that sought the parties’ deregistration.

The appellate court ruled that there was no competent suit before the Federal High Court capable of supporting the consequential orders directing the Independent National Electoral Commission (INEC) to remove the parties from its register.

The parties affected by the ruling are:

  • African Democratic Congress (ADC)
  • Accord Party
  • Action Peoples Party (APP)
  • Action Alliance (AA)
  • Zenith Labour Party (ZLP)

The controversy began after Justice Peter Lifu of the Federal High Court in Abuja ruled on June 15 that INEC should deregister the five parties for allegedly failing to satisfy the requirements of Section 225A of the 1999 Constitution (as amended) and relevant provisions of the Electoral Act 2022. The judgment also restrained the electoral commission from recognizing the parties or accepting candidates sponsored by them ahead of the 2027 elections.

However, the Court of Appeal found that the suit leading to the judgment was fundamentally defective.

The appellate court also faulted the trial court for failing to properly evaluate evidence presented before it, noting that documents showing the affected parties had won elective offices in previous elections were not adequately considered.

In addition, the Court of Appeal criticized the lower court for proceeding with the case despite an earlier order directing it to stay proceedings pending the determination of an interlocutory appeal. The appellate panel described the action as an act of “judicial impertinence.”

The court subsequently allowed the separate appeals filed by the five political parties, set aside the Federal High Court’s judgment in its entirety, and awarded costs against the National Forum of Former Legislators.

The decision is expected to have significant political implications ahead of the 2027 general elections, particularly for the ADC, which has recently attracted increased national attention as a platform for opposition political realignments.


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