Court of Appeal reverses deregistration of five Nigerian political parties

The Court of Appeal in Abuja has overturned a Federal High Court ruling that ordered the Independent National Electoral Commission (INEC) to deregister five political parties ahead of the 2027 general elections.

In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court ruled that the lower court lacked jurisdiction to deliver the 15 June judgment, declaring the entire proceedings a nullity.

The decision restores the full legal status of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (ACCORD), and Zenith Labour Party (ZLP).

Lack of jurisdiction and ignored evidence

The appellate court held that the original suit, filed by a group named the National Forum of Former Legislators, was incompetent because the plaintiff was a non-juristic entity lacking the legal standing to institute the case.

Justice Mohammed noted that the trial court failed to properly evaluate evidence demonstrating that the affected parties had previously won elective seats, which satisfied the constitutional requirements for their continued existence.

Furthermore, the panel criticized the trial judge, Justice Peter Lifu, for proceeding to deliver judgment despite a prior order directing the court to stay proceedings pending the outcome of an interlocutory appeal. The appellate panel described the decision to ignore the stay order as “judicial impertinence” and contrary to established legal precedent.

Background to the legal battle

The legal dispute stemmed from a suit (FHC/ABJ/CS/2637/2026) in which the former legislators’ forum argued that the five parties had failed to meet Section 225A performance thresholds under the 1999 Constitution (as amended).

The plaintiffs argued that the parties failed to secure at least 25 per cent of votes in any state during the presidential election or win a seat at the national, state, or local government levels in recent election cycles. The Attorney General of the Federation, Lateef Fagbemi (SAN), had supported the suit.

However, following separate appeals by the affected parties and INEC, the appellate court set aside the decision in its entirety, affirmed that all five parties remain duly registered, and awarded costs against the plaintiffs.