The Abuja Court of Appeal has overturned the judgment of the Federal High Court, which earlier deregistered the African Democratic Congress (ADC), Zenith Labour Party (ZLP), Accord Party, Action Alliance (AA), and Action Peoples Party (APP), ahead of the 2027 general and off-cycle elections.
In a unanimous decision on Tuesday, a three-man panel headed by Justice Abba Mohammed set aside the June 15 order.
According to the appellate court, the trial court was not competent to handle the suit from the onset and lambasted the trial judge for issuing judgment in the face of a subsisting stay of proceedings order.
The panel stressed that a stay of proceedings automatically means that no other judicial step can be taken after the order.
This, they said contrary to the argument of the trial court that the hearing had been concluded before issuing the stay of proceedings order.
Furthermore, the Court also held that the National Forum of Former Legislators, which is the association that filed the case, did not have any locus standi to file the case. This was in affirmation that there was evidence of total compliance with Section 225(a) of the Constitution (as amended) of Nigeria 1999. According to them, the trial court’s decision was perverse.
This case was brought to the attention of the court in the context of a judicial dispute which originated from the decision of the Federal High Court Judge Peter Lifu, who gave his judgment on the case filed by the National Forum of Former Legislators against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and the five political parties.
This was regarding their failure to reach the required constitutional electoral performance threshold in the 2023 elections.
Notwithstanding the notification made to the defence lawyers of the pending appeal and the issuance of a stay of proceedings by the superior court, the trial judge went ahead to make an order to strike off the names of the five respondents from the official register.
This followed the appeal court granting a stay of execution on June 16 and had faulted the trial judge’s decision as an infringement of judicial hierarchy and supervisory jurisdiction.
In this latest verdict, there is no doubt that the decision brings clarity and some form of respite to politicians vying for office through the affected parties, such as Atiku Abubakar of ADC and Osun State Governor Ademola Adeleke running for re-election through the Accord platform in the governorship election coming up on August 15.
In a statement to the media after the judgment, counsel to Action Peoples Party, Mr Peter Abang, hailed the judgment as a victory for democracy and the rule of law.
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