Appellate court declares lower court lacked jurisdiction, criticises breach of judicial hierarchy, and affirms the continued registration of five political parties ahead of the 2027 general elections.
By Angela Udende
ABUJA, Nigeria — July 28, 2026
In a landmark judgment with significant implications for Nigeria’s political landscape ahead of the 2027 general elections, the Court of Appeal in Abuja has nullified the Federal High Court’s order directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The appellate court held that the judgment delivered by the lower court was legally unsustainable because it arose from an incompetent suit filed by an entity without the legal capacity to institute the action.
The ruling effectively restores the legal status of the affected political parties and reinforces the constitutional safeguards governing party registration and deregistration in Nigeria.
Appeal Court Declares High Court Judgment a Nullity
In a unanimous decision delivered by a three-member panel of justices, the Court of Appeal ruled that the June 15 judgment of the Federal High Court was a nullity and could not stand in law.
Delivering the lead judgment, Justice Abba Mohammed held that the trial court assumed jurisdiction it did not possess and consequently issued orders that lacked legal foundation.
According to the appellate court, there was no competent suit before the Federal High Court upon which it could validly make consequential orders directing INEC to deregister the affected political parties.
The court therefore set aside the entire judgment.
Court Faults Trial Court Over Jurisdiction and Evidence
The appellate court further held that the Federal High Court failed to properly evaluate critical evidence presented during the proceedings.
According to the judgment, documentary evidence showing that the affected political parties had won elective positions in previous elections was not adequately considered before the court reached its conclusions.
The appellate panel stressed that the omission materially affected the outcome of the case.
It consequently ruled that the substantive suit ought to have been dismissed for want of jurisdiction and lack of merit.
Judicial Hierarchy Breached, Appeal Court Says
One of the strongest observations in the judgment concerned the conduct of the trial court after it had been directed to suspend proceedings.
The Court of Appeal recalled that it had earlier ordered the Federal High Court to stay further proceedings pending the determination of an appeal filed by the political parties.
However, despite receiving notification of that order, the lower court proceeded to deliver judgment.
The appellate court described the action as inconsistent with established judicial practice and contrary to the principle of judicial hierarchy.
Citing previous Supreme Court authorities, the panel characterised such conduct as a serious departure from judicial discipline, stressing that lower courts are bound to comply with orders issued by superior courts.
Political Parties Retain Registration
Following the judgment, the Court of Appeal affirmed that all five political parties remain legally registered and entitled to continue participating in Nigeria’s democratic process.
The affected parties include:
- African Democratic Congress (ADC)
- Action Peoples Party (APP)
- Action Alliance (AA)
- Accord Party (AP)
- Zenith Labour Party (ZLP)
The court also awarded costs against the National Forum of Former Legislators (NFFL), which instituted the suit seeking their deregistration.
Background: Why the Parties Were Ordered Deregistered
The controversy began after the National Forum of Former Legislators filed an action arguing that the five parties failed to satisfy constitutional performance thresholds required for continued registration.
The plaintiffs relied on Section 225A of the 1999 Constitution (as amended) alongside provisions of the Electoral Act 2022, contending that INEC had a constitutional obligation to deregister political parties that failed to meet prescribed electoral benchmarks.
According to the plaintiffs, the affected parties allegedly failed to secure at least 25 percent of votes in a state during presidential elections or win elective offices at the federal, state or local government levels following the 2023 general elections and subsequent by-elections.
Justice Peter Lifu of the Federal High Court accepted those arguments and ordered INEC to deregister the parties, restraining the electoral commission from recognising them or accepting their candidates for future elections.
The judgment also barred the parties from presenting themselves as registered political organisations.
Implications for Nigeria’s Electoral Process
The Court of Appeal’s decision represents a significant development for Nigeria’s multi-party democracy.
Legal analysts say the judgment reinforces the principle that electoral disputes must strictly comply with procedural requirements before courts can exercise jurisdiction.
The decision also preserves political plurality ahead of preparations for the 2027 general elections, ensuring that the affected parties remain eligible to field candidates unless otherwise disqualified through lawful constitutional procedures.
For INEC, the ruling removes the immediate legal obligation to deregister the parties and restores the commission’s recognition of their registered status.
What Happens Next?
Although the Court of Appeal has restored the parties’ registrations, legal observers note that the dispute could still proceed to the Supreme Court if any dissatisfied party elects to pursue a further appeal.
Until any contrary decision is delivered by the apex court, the five political parties remain fully recognised under Nigerian law.
The judgment is expected to influence future litigation concerning political party regulation, judicial authority and electoral administration.
The Court of Appeal’s decision has reversed one of the most consequential electoral judgments delivered in recent months, restoring the legal status of the African Democratic Congress and four other political parties.
Beyond the immediate victory for the affected parties, the ruling underscores the importance of jurisdiction, procedural compliance and judicial discipline in Nigeria’s constitutional democracy.
As political activities gather momentum ahead of the 2027 elections, the judgment is likely to shape both electoral jurisprudence and the evolving debate over political party regulation in the country.
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