The Court of Appeal in Abuja has overturned the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party, Action Peoples Party (APP), Action Alliance (AA) and the Zenith Labour Party (ZLP). In its ruling on Tuesday, the appellate court held that the National Forum of Former Legislators lacked the legal standing to file the suit, effectively restoring the parties’ legal status. The Court of Appeal said the lower court had no jurisdiction to entertain the case, making its earlier decision invalid.
In a unanimous judgment delivered by a three-member panel led by Justice Abba Bello, the court declared the June 15 judgment of the Federal High Court, delivered by Justice Peter Odo Lifu, a nullity and set it aside.
The appellate court also ordered the National Forum of Former Legislators to pay ₦1 million in costs for filing the suit.
According to the court, the trial court wrongly assumed jurisdiction by hearing a case brought by an entity that lacked legal capacity. It ruled that there was no valid suit before the Federal High Court that could justify directing the Independent National Electoral Commission (INEC) to deregister the affected political parties.
In the lead judgment delivered by Justice Abba Mohammed, the court also found that the trial judge failed to properly assess the evidence presented. It noted that evidence showing the affected parties had won elective positions in previous elections was ignored.
The Court of Appeal further held that the lower court proceeded with the matter despite an earlier order directing it to stay proceedings. It ruled that the case should have been dismissed for lack of jurisdiction and merit.
The appellate court consequently allowed the separate appeals filed by the five political parties and affirmed that the ADC, APP, AA, Accord Party, and ZLP remain duly registered political parties.
The ruling follows an earlier June 16 order by the Court of Appeal, which stayed the execution of the Federal High Court judgment while criticising the trial judge for allegedly disregarding the judicial hierarchy.
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