Nigeria Court of Appeal restores ADC, nullifies deregistration order

• The Court of Appeal has restored the African Democratic Congress (ADC) and nullified the deregistration order issued by Justice Lifu.
• The appellate court ruled that the trial court lacked jurisdiction to entertain the suit seeking the deregistration of the ADC and others.
• Justice Lifu was condemned for proceeding with the case despite an earlier order directing him to stay proceedings pending the determination of an interlocutory appeal.
• The Court of Appeal awarded costs against the National Forum of Former Legislators, which instituted the suit.

The appellate court held that there was no competent suit before the Federal High Court to warrant the consequential order directing INEC to deregister the affected political parties.

In a significant victory for constitutional democracy and the rule of law in Nigeria, the Court of Appeal has restored the African Democratic Congress (ADC) and nullified the deregistration order issued by Justice Lifu of the Federal High Court. The appellate court's ruling sets aside the June 15 judgment that ordered the Independent National Electoral Commission to deregister five political parties, including the ADC. This development has sparked jubilation among opposition leaders, with ADC presidential candidate Atiku Abubakar's camp, the ADC national chairman David Mark, Osun State Governor Ademola Adeleke, and other stakeholders hailing the appellate court's verdict as a major victory for Nigeria's multiparty political system.

The Court of Appeal's ruling was based on the grounds that the trial court lacked jurisdiction to entertain the suit seeking the deregistration of the ADC and others. The appellate court held that the lower court wrongly assumed jurisdiction over a suit instituted by the National Forum of Former Legislators, which the appellate court ruled was not a juristic person with the legal capacity to sue. This decision highlights the importance of proper evaluation of evidence in judicial proceedings, as the trial court failed to properly evaluate evidence before it, ignoring documentary evidence showing that the parties had won elective offices in previous elections.

The Court of Appeal's ruling has significant implications for lawyers advising political parties and stakeholders involved in deregistration or recognition cases. The decision highlights the importance of proper evaluation of evidence and judicial accountability, which may impact future cases involving deregistration or recognition of political parties. Furthermore, the appellate court's condemnation of Justice Lifu's actions as 'judicial impertinence' raises fundamental questions about judicial accountability and the integrity of the justice system in Nigeria.

Lawyers advising political parties should note that the Court of Appeal's ruling highlights the importance of proper evaluation of evidence and judicial accountability, and may impact future cases involving deregistration or recognition of political parties.

Source: Original reporting via The Nation