The judgement of the Federal High Court that ordered deregistration of the African Democratic Congress, (ADC), Accord Party and three other political parties has been set aside by the Court of Appeal sitting in Abuja.
On Tuesday, the Appeal Court pointedly declared the judgement that ordered the Independent National Electoral Commission (INEC) to deregister the parties “null and void”.
The political parties affected by the judgment include ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP) sought nullification of the Federal High Court judgment.
It would be recalled that Justice Peter Lifu of the Federal High Court sitting in Abuja, had ordered the electoral body to deregister the party over its performance after the 2023 general elections.
However, in its ruling, the appellate court, described the judgement “a nullity”. It noted further that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
The three-man panel of the appellate court presided over by Justice Abba Mohammed, in a unanimous decision, held that the trial court had no judicial power to hear the case initially.
The appellate noted that the trial court was wrong to have proceeded with the delivery of the judgment despite the order of the court of appeal directing a stay of proceedings which includes the delivery of the judgement.
It also noted that the 1st Respondent had no locus standi to institute the action in the first place, thereby setting aside the judgement of the trial court.
“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court said.
