The judgment by the Court of Appeal sitting in Abuja, which set aside the June 15 judgment of the Federal High Court ordering the Independent National Electoral Commission to deregister the African Democratic Congress, Action Alliance, Action Peoples Party, Accord and Zenith Labour Party, has sparked jubilation among opposition leaders.
The camp of former Vice President Atiku Abubakar, ADC National Chairman David Mark, Osun State Governor Ademola Adeleke, Action Alliance presidential candidate Adekunle Omoaje, and other stakeholders hailed the appellate court verdict, describing it as a major victory for constitutional democracy, the rule of law, and the multiparty political system of Nigeria.
The Court of Appeal ruled that the trial court lacked jurisdiction to entertain the suit seeking the deregistration of the ADC and others. Delivering the lead judgment, Justice Abba Mohammed held that the lower court wrongly assumed jurisdiction over a suit instituted by the National Forum of Former Legislators, which the appellate court ruled was not a juristic person with the legal capacity to sue.
The court held that there was no competent suit before the Federal High Court to warrant the consequential order directing INEC to deregister the affected political parties. It further faulted the trial court for failing to properly evaluate evidence before it, noting that documentary evidence showing the parties had won elective offices in previous elections was ignored.
The appellate court also condemned Justice Lifu for proceeding with the case despite an earlier order directing him to stay proceedings pending the determination of an interlocutory appeal. It described the action 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 the conduct amounts to judicial rascality."
The court consequently restored the legal status of all five political parties and awarded costs against the National Forum of Former Legislators, which instituted the suit. Justice Lifu had, in his June 15 judgment, ordered INEC to deregister the five political parties after holding that they failed to satisfy the constitutional requirements for continued registration. He also restrained the electoral commission from recognising the parties or accepting candidates sponsored by them for future elections.
The National Forum of Former Legislators had argued that the parties failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution (as amended). The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who was joined as a defendant, supported the position of the plaintiffs. Dissatisfied with the judgment, the affected political parties and INEC separately approached the Court of Appeal, which allowed their appeals and nullified the judgment in its entirety.
Reacting to the judgment, the ADC said the findings of the Court of Appeal raised fundamental questions about judicial accountability and the integrity of the justice system. In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said the appellate court found that Justice Lifu "concocted evidence" in reaching his conclusions and proceeded with the case despite a subsisting stay of proceedings.
The party stated, “We consider this finding by the Court of Appeal extraordinary. It goes to the very heart of the integrity of the judiciary and the judicial process,”. The ADC questioned whether a judge so strongly criticised by a superior court should remain on the bench, adding, “We, therefore, wonder whether such a roundly discredited judge should be allowed to sit on the Bench even for a day longer,”.
The party welcomed the finding of the appellate court that the plaintiffs lacked legal standing to institute the suit and said the judgment reaffirmed the rule of law and constitutional democracy. The statement read, “The Court of Appeal concluded that the African Democratic Congress satisfies the constitutional threshold for recognition as a political party and remains fully entitled to continue its political activities under the Constitution and the Electoral Act,”.
The Atiku Media Office described the judgment of the appellate court as a landmark victory that had removed every legal obstacle to the participation of the ADC in the 2027 general elections. The office noted that, taken together with an earlier Federal High Court judgment affirming the Senator Mark-led National Executive Committee of the party, all legal disputes surrounding the status and leadership of the ADC had now been resolved.
The statement read, “With this Court of Appeal judgment validating the legal status of ADC plus the judgment of Hon Justice Liman of the Federal High Court, Abuja Division, affirming the election of Senator David Mark-led executive of the ADC, the leading opposition party has finally navigated its way to the ballot for the 2027 general elections as there’s no suit pending that challenges its leadership again,”.
It commended the Court of Appeal for its courage and fidelity to the Constitution, stating, “We warmly welcome the landmark judgment of the Court of Appeal, which set aside the erroneous judgment of the Federal High Court that sought to remove the African Democratic Congress and other political parties from Nigeria’s democratic space.” The statement added, “We congratulate the learned Justices of the Court of Appeal for their courage, fidelity to the Constitution and unwavering commitment to justice.”
The media office further noted, “Their judgment is a reassuring affirmation that the judiciary remains the last hope of the common man and the ultimate guardian of constitutional democracy,” while warning against using the courts to undermine political competition ahead of the 2027 elections, adding, “As the nation moves steadily towards the 2027 general election, political contests must be settled by the votes of Nigerians, not by contrived lawsuits designed to achieve through the courtroom what cannot be won at the ballot box,”.
Similarly, David Mark welcomed the judgment, describing it as a victory for democracy, constitutionalism, and the rule of law. In a statement issued by his Special Adviser on Media and Publicity, Kola Ologbondiyan, the former Senate President stated, “The verdict is a reassuring reminder that our judiciary can still rise above pressure and protect democracy, political pluralism and the constitutional rights of citizens and political parties.”
Mark urged members and supporters of the ADC to channel momentum from the legal victory into grassroots mobilisation, stating, “Our attention now returns fully to building a stronger, more united and people-oriented political platform that will offer Nigerians a credible alternative in 2027.” He added, “We must remain steadfast, disciplined and committed to the task ahead,”.
Ademola Adeleke, who is the Accord candidate for the Osun State governorship election scheduled for August 15, urged members and supporters of the party to intensify grassroots mobilisation following the ruling. In a statement shared on his X account, Adeleke wrote, “Again, Accord is victorious: democracy and the rule of law have prevailed.”
Adeleke added, “I congratulate every member and supporter of our great Accord family as the Court of Appeal has affirmed what we have always known: our party remains strong, lawful and fully prepared for the August 15 governorship election,” while thanking supporters, adding, “I thank you for your steadfastness despite every attempt to create confusion and fear. Now, let us put this distraction behind us and return our full focus to the people,”.
On his part, the 2027 presidential candidate of the Action Alliance, Adekunle Omoaje, welcomed the judgment, stating, “This judgment is a victory for democracy, constitutionalism and the rights of political parties to exist and participate in Nigeria’s democratic process,”. He added, “As the presidential candidate of the Action Alliance, I welcome this landmark judgment, which ensures that our party remains on the register of the Independent National Electoral Commission and can continue mobilising Nigerians, particularly at the grassroots, ahead of future elections,”.
Counsel for the Action Peoples Party, Peter Abang, described the verdict as a victory for democracy, stating, “This is a victory for democracy in Nigeria. In the administration of justice, the hierarchy of courts in Nigeria must be respected because they establish an unbroken chain of command,”.
The Inter-Party Advisory Council described the verdict as a courageous reaffirmation of constitutional democracy and the rule of law. In a statement issued by the IPAC National Publicity Secretary, Egbeola Martins, the council stated, “The appellate court’s decision is a courageous reaffirmation of constitutional democracy, the rule of law, and the sanctity of Nigeria’s multi-party democratic system.”
Martins added, “It restores confidence in the judiciary as the last hope of the common man and demonstrates that the constitutional guarantees of political participation and freedom of association remain protected under our democratic order.” He noted, “This judgment reinforces the confidence of patriotic stakeholders in the Nigerian project and assures citizens that all hope is not lost in our collective quest to build a just, democratic, and inclusive nation governed by the rule of law,”.
The council concluded, “As the umbrella body of all registered political parties in Nigeria, IPAC has consistently maintained that democracy can only flourish where constitutional provisions are respected and judicial pronouncements are anchored strictly on the law rather than on extraneous considerations.” It added, “The Court of Appeal has once again demonstrated the indispensable role of the appellate courts in safeguarding constitutionalism and correcting judicial errors capable of undermining democratic institutions,”.
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