Appeal Court Knocks Justice Lifu, Describes Deregistration of ADC, Others as ‘Judicial Rascality

The Court of Appeal has nullified the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, sharply rebuking the trial judge, Justice Peter Lifu, for what it described as an act of “judicial rascality” and “the highest form of judicial impertinence.”

In a unanimous judgment delivered by a three-member panel led by Justice Abba Mohammed, the appellate court held that Justice Lifu acted in defiance of its earlier order directing him to stay proceedings pending the determination of appeals, thereby violating the constitutional hierarchy of courts.

The appellate court consequently set aside the June judgment of the Federal High Court, declaring that the suit filed by the National Forum of Former Legislators (NFFL) was incompetent and that the lower court lacked the jurisdiction to entertain it.

It held that there was no valid legal basis for the consequential order directing the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP). The court further noted that the trial court ignored uncontroverted evidence showing that the affected parties had won elective offices and remained qualified to retain their registration under the Constitution.

Justice Lifu had ruled that the five parties failed to satisfy the constitutional threshold for continued registration and ordered INEC to stop recognising them or accepting candidates sponsored by them for future elections. The judgment followed a suit by the NFFL, which argued that the parties failed to meet the electoral performance requirements under Section 225A of the 1999 Constitution.

However, the Court of Appeal ruled that the lower court ought to have dismissed the suit for want of jurisdiction and merit, restoring the legal status of all five political parties. It also awarded costs against the NFFL.

Reactions

The ADC welcomed the judgment, describing it as a victory for constitutional democracy, the rule of law and political pluralism. The party maintained that the attempt to deregister it was politically motivated and intended to weaken opposition parties ahead of the 2027 general elections.

ADC National Chairman, Senator David Mark, hailed the appellate court for defending democracy, saying the judgment had reaffirmed the independence of the judiciary and protected Nigeria’s multi-party system. He urged members to remain focused on strengthening the party ahead of future elections.

Former Vice President Atiku Abubakar also welcomed the verdict, describing it as a triumph of justice and democracy. He said electoral contests should be decided by the people through the ballot rather than by judicial manoeuvres aimed at shrinking the democratic space.

The ruling has also renewed calls by legal commentators and political stakeholders for the National Judicial Council (NJC) to examine the circumstances under which Justice Lifu proceeded to deliver judgment despite a subsisting order of the Court of Appeal staying proceedings in the matter.