APP wins again
- As Appeal Court nullifies FHC Abuja judgment seeking to deregister the party, four others
The Action Peoples Party (APP) has secured another major legal victory after the Court of Appeal in Abuja set aside the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister the party and three other political parties.
In a unanimous judgment delivered by a three-member panel of justices led by Justice Abba Mohammed, the appellate court declared the June 15 judgment of the Federal High Court a nullity, holding that the trial court lacked the jurisdiction to entertain the case.
The court ruled that the suit filed by the National Forum of Former Legislators (NFFL), which sought the deregistration of the affected political parties, was incompetent because it was instituted by a non-juristic entity that lacked the legal capacity to sue.
According to the appellate court, there was no valid suit before the Federal High Court to justify the consequential order directing INEC to deregister the affected political parties.
The court further held that the trial judge failed to properly evaluate the evidence presented, particularly proof that the affected political parties had won elective positions in previous elections, contrary to the claims that they had failed to meet constitutional requirements for continued registration.
The appellate court also faulted the Federal High Court for proceeding with the matter despite an earlier order directing it to stay proceedings pending the determination of an appeal. It held that the trial court acted in disregard of judicial hierarchy and ought to have dismissed the case for lack of jurisdiction and merit.
Consequently, the Court of Appeal restored the legal status of all the affected political parties and affirmed that they remain duly registered political parties recognised by law.
Apart from the APP, the judgment also restored the registration of the African Democratic Congress (ADC), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP).
The appellate court equally awarded costs against the National Forum of Former Legislators, the plaintiff in the suit.
The latest judgment follows an earlier ruling by the Court of Appeal on June 16, when it stayed the execution of the Federal High Court judgment and criticised the trial judge, Justice Peter Lifu, for proceeding with the case despite an order issued on May 22 directing him to halt further proceedings pending the outcome of an appeal.
The appellate court described the trial judge’s action as a disregard for judicial hierarchy, stressing that courts are bound to obey valid orders issued by superior courts.
It would be recalled that the Federal High Court had earlier ordered INEC to deregister the affected political parties, restrain the electoral body from recognising them, and bar them from participating in the 2027 general elections.
The suit, filed by the National Forum of Former Legislators, alleged that the parties failed to satisfy the constitutional performance benchmarks required under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022, and relevant INEC regulations.
The plaintiffs argued that the parties did not secure the minimum electoral performance required to retain their registration, including winning at least 25 per cent of votes in a state during a presidential election or securing elective seats at the national, state, or local government levels.
Although the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, supported the plaintiffs’ position before the trial court, the affected political parties and INEC challenged the judgment at the Court of Appeal.
With the latest appellate court decision, the judgment ordering the deregistration of the parties has been nullified, paving the way for the APP, ADC, AA, Accord Party, and the Zenith Labour Party to continue operating as duly recognised political parties and participate in future elections.
