Briefly

Court of Appeal reverses deregistration order for ADC and four other parties

Case LawNigeria·Punch Nigeria·Briefly Analysis

Summary

  • The Court of Appeal in Abuja has overturned the judgment of the Federal High Court ordering the deregistration of five political parties.
  • The affected parties are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.
  • The Court of Appeal's decision restores the registration status of these parties, allowing them to continue participating in electoral activities.
  • The judgment has significant implications for the 2027 general elections and raises questions about the interpretation of Section 225A and the Electoral Act.

Court of Appeal Reverses Deregistration Order

The appellate court held that the trial court wrongly assumed jurisdiction and made the order on an incompetent suit filed by a non-juristic entity.

In a significant development, the Court of Appeal in Abuja has overturned the judgment of the Federal High Court ordering the Independent National Electoral Commission to deregister five political parties. The affected parties are the African Democratic Congress, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party. This decision is a major victory for the parties, which had been facing deregistration due to their poor performance in previous elections. The Court of Appeal's judgment has restored the registration status of these parties, allowing them to continue participating in electoral activities. The appellate court's ruling has significant implications for the 2027 general elections, as it clears the way for these parties to contest future polls.

Legal Context: Section 225A and Electoral Act

The Court of Appeal's decision is rooted in the provisions of the 1999 Constitution (as amended) and the Electoral Act 2026. Specifically, the appellate court relied on Section 225A, which outlines the conditions for deregistering political parties. The section requires parties to meet certain electoral performance thresholds, including securing at least 25% of votes in a state during a presidential election or winning at least one elective seat at the national, state, or local government levels. However, the Court of Appeal held that the Federal High Court erred in assuming jurisdiction and making an order on an incompetent suit filed by a non-juristic entity. This decision has significant implications for the interpretation of Section 225A and the Electoral Act.

Why It Matters: Implications for Political Parties

The Court of Appeal's judgment has far-reaching consequences for political parties in Nigeria. The decision restores the registration status of the affected parties, allowing them to continue participating in electoral activities. However, it also raises questions about the implications of this judgment for other political parties that may have been deregistered under similar circumstances. Lawyers and compliance officers are likely to advise their clients on the implications of this judgment, particularly those who are registered with the affected political parties. They should review the registration status of their clients and ensure they comply with any new requirements or regulations that may arise from this decision.

Practical Implications

This development may require lawyers and compliance officers to advise their clients on the implications of this judgment, particularly those who are registered with the affected political parties. They should review the registration status of their clients and ensure they comply with any new requirements or regulations that may arise from this decision.

Source

Source: Original reporting via The PUNCH

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