The Court of Appeal, Abuja Division, today set aside the judgement of the Federal High Court that ordered deregistration of the African Democratic Congress (ADC), Accord Party and three other political parties.
The appellate court specifically declared the judgement that ordered the Independent National Electoral Commission (INEC) to deregister the parties “null and void”, reports Daily Trust.
Justice Peter Lifu of the Federal High Court sitting in Abuja, had ordered the electoral body to deregister the party over its performance after the 2023 general elections.
However, the political parties, including ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP) sought nullification of the Federal High Court judgment.
But the appellate court, while describing the judgement “a nullity” held that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
The three-man panel of the appellate court presided over by Justice Abba Mohammed, in a unanimous decision, held that the trial court had no judicial power to hear the case initially.
The appellate noted that the trial court was wrong to have proceeded with the delivery of the judgment despite the order of the court of appeal directing a stay of proceedings which includes the delivery of the judgement.
It also noted that the 1st Respondent had no locus standi to institute the action in the first place, thereby setting aside the judgement of the trial court.
“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court said.
Speaking to journalists on the sideline of the judgement, counsel to Action Peoples Party (APP), Barr. Peter Abang, expressed satisfaction over the judgement of the appellate court.
He said, “This judgement is a victory for democracy in Nigeria and that in the administration of justice, the hierarchy of Courts in Nigeria must be respected as they establish an unbroken chain of command and no court has the luxury to sit in judgment against the correctness or otherwise of orders of superior courts.”
