Appeal court nullifies order seeking ADC deregistration

The Court of Appeal has set aside a Federal High Court judgment that sought to remove the African Democratic Congress, ADC, and several other political parties from Nigeria’s political landscape, in a ruling that strengthens the parties’ legal status ahead of the 2027 general elections.

The appellate court held that the judgment delivered by the lower court was a nullity, having been issued in violation of a subsisting order of the Court of Appeal.

It also ruled that the plaintiffs lacked the locus standi to institute the suit, describing their claims as speculative and legally unsustainable.

In its decision, the Court of Appeal further clarified that Section 225A of the 1999 Constitution (as amended), which governs the deregistration of political parties, should be interpreted disjunctively rather than conjunctively. The court held that because the Osun and Ekiti election cycles were still ongoing when the suit was filed, the action was premature.

The appellate court also faulted the trial court for disregarding the affidavit evidence of the Independent National Electoral Commission, INEC, which confirmed that the affected political parties, including the ADC, had complied with constitutional and statutory requirements.

According to the court, having accepted INEC’s unchallenged affidavit, the lower court had no legal basis to impose additional conditions not contemplated by law in arriving at its decision.

The latest judgment comes in addition to an earlier ruling by the Federal High Court, Abuja Division, which affirmed the election of the Senator David Mark-led National Executive Committee of the ADC, effectively leaving no pending litigation challenging the party’s leadership.

Reacting to the verdict, the Atiku Media Office described the judgment as a victory for constitutional democracy and the rule of law.

In a statement issued on Tuesday, the office said the decision had removed all legal impediments to the ADC’s participation in the 2027 general elections and reaffirmed the principle that political contests should be decided by voters rather than through the courts.

The statement also commended the Court of Appeal for what it described as its fidelity to the Constitution and urged political actors to refrain from using litigation to undermine democratic competition.