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The Court of Appeal in Abuja has overturned the controversial Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, declaring the decision a nullity and restoring the parties’ legal status.

In a unanimous judgment delivered by a three-member panel of justices led by Justice Abba Mohammed, the appellate court ruled that the Federal High Court lacked the jurisdiction to entertain the suit, describing the proceedings as fundamentally incompetent.

The court held that the case, instituted by the National Forum of Former Legislators (NFFL), was filed by a non-juristic entity and therefore could not have formed the basis for any valid judicial pronouncement.

It further ruled that there was no competent suit before the lower court to justify the consequential order directing INEC to deregister the affected political parties.

The appellate court also faulted the trial court for failing to properly evaluate evidence presented before it, noting that proof showing the parties had won elective positions in previous elections was ignored.

In addition, the appellate court held that the Federal High Court acted in defiance of an earlier order directing it to stay proceedings pending the determination of an appeal.

According to the court, the trial judge ought to have dismissed the suit for want of jurisdiction and lack of merit.

Consequently, the Court of Appeal allowed the separate appeals filed by the political parties and ruled that the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) remain duly registered political parties entitled to participate in Nigeria’s electoral process.

The court also awarded costs against the NFFL, which had initiated the legal action.

The latest ruling reinforces an earlier decision of the Court of Appeal delivered on June 16, which stayed the execution of the High Court judgment and sharply criticised the conduct of the trial judge, Justice Peter Lifu.

The appellate court had accused Justice Lifu of disregarding its May 22 directive ordering him to suspend proceedings until the appeal was determined.

Despite being notified of the order, Justice Lifu proceeded to deliver judgment, an action the Court of Appeal described as “judicial impertinence.”

The panel further recalled the Supreme Court’s position that a judge who deliberately acts in defiance of superior court orders is “unfit for the bench,” describing such conduct as amounting to “judicial rascality.”

Justice Lifu had, in his June 15 judgment, ordered INEC to deregister the five political parties, barred the electoral body from recognising them, accepting candidates sponsored by them, or allowing them to participate in the 2027 general elections.

He held that the parties had failed to satisfy the constitutional requirements necessary to retain their registration and ordered them to stop parading themselves as registered political parties.

The suit, marked FHC/ABJ/CS/2637/2026, was filed by the NFFL, which argued that INEC had a constitutional obligation under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and its own regulations to deregister political parties that failed to meet prescribed electoral performance thresholds.

The forum claimed that the ADC and the four other parties had failed to secure the required electoral victories, including winning at least 25 per cent of votes in a state during a presidential election or obtaining elective seats at the national, state or local government levels.

It maintained that the parties’ poor performance in the 2023 general elections and subsequent by-elections rendered their continued existence unlawful and detrimental to the integrity of Nigeria’s electoral system.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supported the plaintiffs’ position, arguing that INEC was constitutionally bound to deregister parties that failed to meet the legal benchmarks.

However, dissatisfied with the High Court’s decision, INEC and the affected political parties challenged the judgment, leading to Tuesday’s landmark appellate ruling, which not only restored their registration but also reaffirmed the supremacy of judicial hierarchy and due process in Nigeria’s legal system.