The Court of Appeal has set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
The other parties affected by the now-invalidated deregistration order are the Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
In a unanimous decision delivered by a three-member panel led by Justice Abba Mohammed, the appellate court declared the Federal High Court’s judgment “null and void”, holding that the lower court lacked the jurisdiction to entertain the suit in the first instance.
The Court of Appeal described the trial court’s decision as “a nullity”, stating that its actions amounted to “judicial impertinence” or what the Supreme Court has previously characterised as “judicial insubordination.”
According to the appellate court, the Federal High Court erred by proceeding to deliver its judgment despite an existing order from the Court of Appeal directing a stay of proceedings, including the delivery of judgment.
The court further held that the 1st Respondent lacked the requisite locus standi to institute the action, rendering the entire proceedings incompetent.
Consequently, the Court of Appeal set aside the judgment of the Federal High Court, effectively overturning the order directing INEC to deregister the five political parties.