Just In: Judicial Impertinence: Appeal Court reinstates ADC, Accord, three other political parties

By Ezurike Ugochukwu

The Court of Appeal sitting in Abuja has nullified the judgment of the Federal High Court that ordered the deregistration of the African Democratic Congress (ADC), Accord Party, Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP), describing the lower court’s decision as a product of “judicial impertinence.”

In a unanimous judgment delivered on Tuesday, a three-member panel led by Justice Abba Mohammed held that the Federal High Court lacked the jurisdiction to entertain the suit and therefore had no legal basis to order the Independent National Electoral Commission (INEC) to deregister the five political parties.

The appellate court declared the entire proceedings and judgment of the trial court “null and void,” stressing that the Federal High Court proceeded in defiance of a subsisting order of the Court of Appeal directing it to stay further proceedings in the matter.

According to the appellate court, the action of the trial judge amounted to “judicial impertinence” and what the Supreme Court has previously described as “judicial insubordination.”

The court further ruled that the plaintiff who instituted the suit lacked the legal standing (locus standi) to bring the action in the first place, making the proceedings fundamentally defective.

“The evidence before the court clearly shows compliance with Section 225A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The judgment of the trial judge was perverse,” the appellate court held.

The ruling effectively restores the legal status of the ADC, APP, AA, Accord Party and ZLP, reversing the earlier judgment of the Federal High Court which had directed INEC to deregister them over their performance in the 2023 general elections.

Justice Peter Lifu of the Federal High Court had ruled that the parties failed to meet constitutional requirements for continued registration, prompting the order for their deregistration.

Dissatisfied with the decision, the affected political parties jointly approached the Court of Appeal, arguing that the trial court acted without jurisdiction and ignored an existing appellate order staying proceedings pending the determination of their appeal.

The appellate court agreed with the parties, holding that once a stay of proceedings had been granted, the lower court ought not to have continued with the case or proceeded to deliver judgment.

Gov. Adeleke of Osun State

The judgment marks a significant legal victory for the affected parties and reinforces the constitutional limits of judicial authority, particularly where proceedings are already subject to appellate review.

The decision also preserves the participation of the five political parties in Nigeria’s democratic process, while reaffirming the principle that courts must operate strictly within the bounds of their constitutional jurisdiction.