ABUJA, Nigeria — The Court of Appeal in Abuja has set aside a judgment that directed the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties.
In a unanimous decision, a three-member panel held that the order issued by the Federal High Court on 15 June was a nullity.
Justice Abba Mohammed, who delivered the lead judgment, ruled that the trial court wrongly assumed jurisdiction based on an incompetent suit filed by a non-juristic entity. The appellate court said there was no valid suit before the Federal High Court that could have justified the order to deregister the parties.
The court also noted that the lower court failed to properly evaluate evidence showing that the parties had won elective positions in previous elections. It further held that the trial court acted in defiance of an earlier order directing it to stay proceedings.
As a result, the Court of Appeal declared that all the affected political parties remain duly registered. The parties whose registrations were restored are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The appellate court allowed the separate appeals filed by the parties and awarded costs against the National Forum of Former Legislators, which instituted the original suit.
The Court of Appeal had earlier, on 16 June, ordered a stay of execution of the High Court judgment and criticised the trial judge for proceeding to deliver judgment despite the stay order.
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