By John Azu
The Court of Appeal in Abuja on Tuesday nullified the judgment of the Federal High Court that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties over alleged failure to meet constitutional requirements.
In a unanimous judgment delivered by a three-member panel of justices, the appellate court held that the June 15 order issued by the Federal High Court was a nullity, having been made in a suit that was fundamentally incompetent.
The court ruled that the trial court wrongly assumed jurisdiction by entertaining a case filed by the National Forum of Former Legislators (NFFL), which it held was a non-juristic entity lacking the legal capacity to institute the action.
According to the appellate court, there was no valid suit before the lower court that could have justified 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 before him, noting that evidence showing the affected parties had won elective positions in previous elections was ignored.
It also faulted the Federal High Court for proceeding with the case despite an earlier order of the Court of Appeal directing it to stay proceedings pending the determination of an appeal.
The appellate court held that the lower court ought to have dismissed the substantive suit for lack of jurisdiction and merit.
Delivering the lead judgment, Justice Abba Mohammed declared that all the affected political parties remain duly registered and legally recognised.
The court consequently allowed the separate appeals filed by the political parties and awarded costs against the National Forum of Former Legislators, which instituted the suit.
The judgment overturns the June 15 decision of the Federal High Court in Abuja, which had ordered INEC to deregister the ADC, Action Alliance (AA), Accord Party, Zenith Labour Party (ZLP), and Action Peoples Party (APP) on the grounds that they failed to satisfy the provisions of Section 225A of the 1999 Constitution by allegedly not producing any elected official in the last general election.
The suit had been instituted by the National Forum of Former Legislators.
The Court of Appeal had earlier, on June 16, restrained the implementation of the Federal High Court’s judgment. In doing so, it criticised the trial judge, Justice Peter Lifu, for proceeding with the matter despite its May 22 order directing him to stay further proceedings pending the determination of the appeal.
The appellate court described Justice Lifu’s conduct as “a form of judicial impertinence,” adding that the Supreme Court had previously held that a judge who acts in such a manner is “unfit for the bench,” as such conduct amounts to “judicial rascality.”