Appeal Court restores ADC, four parties, voids deregistration

The Court of Appeal has overturned a Federal High Court judgment deregistering five opposition parties, restoring their legal status and allowing them to participate in the 2027 elections.

The Abuja Court of Appeal has overturned a Federal High Court judgment deregistering five opposition parties, restoring their legal status and allowing them to participate in the 2027 elections and upcoming off-cycle polls. The three-member panel, led by Justice Abba Mohammed, ruled unanimously that the lower court’s June 15 judgment was invalid because it lacked jurisdiction to entertain the matter.

The parties affected include the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP). The Court of Appeal held that the Federal High Court erred by proceeding with the case despite a valid stay order issued by the appellate court. The court also ruled that the plaintiffs, the National Forum of Former Legislators, lacked the legal standing to bring the suit.

The deregistration order had stemmed from a suit filed by the National Forum of Former Legislators against INEC, the Attorney-General of the Federation and the five political parties. The group had argued that the parties failed to satisfy constitutional requirements under Section 225(a) of the 1999 Constitution based on their performance in the 2023 general elections. While the Attorney-General supported the suit, INEC opposed it and subsequently appealed the judgment.

The ruling removes the legal uncertainty surrounding candidates contesting elections on the platforms of the affected parties, including the ADC and Accord Party, ahead of the 2027 general elections. The decision is expected to bolster the ADC, whose presidential candidate is Atiku Abubakar, as well as Osun State Governor Ademola Adeleke, who is seeking re-election on the Accord Party platform in the August 15 governorship election.

This echoes the 2019 deregistration of political parties by INEC, which also led to legal challenges. The mechanism then was different, but the result was the same: a legal battle over the status of political parties.

The winners: the ADC, Accord Party and the other restored parties, which can now contest elections; and the opposition, which gains a stronger electoral presence. The losers: the Federal High Court, whose judgment was overturned; and the Nigerian public, who must navigate a more crowded political field.

Bottom Line: The Court of Appeal has restored five opposition parties. The deregistration order is void. The 2027 election field is wider. The question is whether the restored parties can make an impact or will remain marginal players.