…Appellate Court Sets Aside Federal High Court Judgment, Affirms ADC’s Constitutional Status
By: Goodluck E.Adubazi, Abuja.
The Court of Appeal has overturned the judgment of the Federal High Court directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, in a unanimous decision that the ADC has described as a major victory for the rule of law.
Reacting to the judgment, the ADC said the appellate court completely nullified the lower court’s ruling and strongly criticized the conduct of the trial judge, Justice Peter Lifu. According to the party, the Court of Appeal held that the judge “concocted evidence” in favour of the plaintiffs and accused him of judicial indiscipline, impertinence, insubordination, and disobedience to the directives of a superior court.
The party described the judgment as a vindication of its long-standing position that the case lacked merit, was legally defective, unsupported by credible evidence, and incapable of sustaining a valid judgment.
The appellate court also upheld the ADC’s argument that the plaintiffs lacked the legal standing (locus standi) to institute the suit.
It ruled that the plaintiffs failed to demonstrate any personal legal interest that would entitle them to bring the action, relying instead on speculative claims that they had contested elections in the past and might contest again in the future.
In addition, the Court of Appeal found that the plaintiffs failed to establish their claims with credible evidence.
It affirmed that INEC, as the constitutional regulator of political parties, had presented unchallenged evidence showing that the ADC met all constitutional and electoral requirements for continued registration.
The court further rejected the trial court’s findings regarding the status of elected ADC officials.
Despite affidavit evidence showing that the party had elected representatives, including three members from Kogi State, the Federal High Court had concluded that those members had defected to another political party without any evidence before it to support that claim.
The ADC described as extraordinary the appellate court’s finding that Justice Lifu had fabricated evidence in resolving the dispute in favour of the plaintiffs.
The party said the development raised serious concerns about judicial integrity, noting that it was the second time the judge had faced severe criticism from a superior court in matters involving the ADC. It questioned whether such a judge should remain on the bench.
The case arose from a suit seeking the deregistration of the ADC and four other political parties based on the plaintiffs’ interpretation of Section 225A of the Constitution, which outlines the conditions under which political parties may retain their registration.
The plaintiffs’ case later included the Attorney-General of the Federation, Lateef Fagbemi.
According to the ADC, the Court of Appeal found contradictions in the trial court’s interpretation of Section 225A, observing that although the lower court accepted the correct constitutional interpretation, it nonetheless reached conclusions inconsistent with both the Constitution and the evidence presented.
The appellate court ultimately held that the ADC satisfied the constitutional requirements for recognition as a political party and remained entitled to continue its activities under the Constitution and the Electoral Act.
The ADC said the judgment extends beyond its own victory, describing it as an important affirmation that judicial authority must be exercised within the confines of the law, based solely on evidence properly presented before the court and in compliance with the directives of superior courts.
Reaffirming its confidence in the judiciary, the party said the Court of Appeal had corrected what it described as a grave miscarriage of justice while safeguarding the constitutional rights of political parties.
The ADC added that it would now focus on strengthening its structures, deepening democratic participation, and offering Nigerians what it called a credible political alternative.
