The Court of Appeal in Abuja on Tuesday set aside the judgment of the Federal High Court that ordered the deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.
The appellate court held that the National Forum of Former Legislators, which instituted the suit seeking the parties’ deregistration, lacked the legal standing to file the action.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Bello, the court declared the June 15 judgment of the Federal High Court, delivered by Justice Peter Odo Lifu, a nullity and consequently set it aside.
Naija News reports that the appellate court also awarded a cost of ₦1m against the National Forum of Former Legislators for filing the suit.
The court held that the trial court wrongly assumed jurisdiction by entertaining an incompetent suit filed by a non-juristic entity.
According to the appellate court, there was no valid suit before the Federal High Court that could have justified the consequential order directing the Independent National Electoral Commission to derecognise the affected political parties.
The court further held that the trial judge failed to properly evaluate the evidence before him, noting that evidence showing the affected parties had won elective positions in previous elections was ignored.
It also ruled that the Federal High Court acted in defiance of an earlier order directing it to stay proceedings in the matter.
The appellate court held that the lower court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
In the lead judgment delivered by Justice Abba Mohammed, the court declared that all the affected political parties remained duly registered.
The court consequently allowed the separate appeals filed by the political parties and restored their legal status.
The parties affected by the judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The Court of Appeal had earlier, on June 16, ordered a stay of execution of the Federal High Court judgment while criticising the trial judge for allegedly disregarding the judicial hierarchy.
