By Prevail Inegbenose
The Court of Appeal has nullified the judgment of the Federal High Court that ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
The other political parties affected by the now-invalidated judgment are Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
In a unanimous decision delivered by a three-member panel led by Justice Abba Mohammed, the appellate court declared the Federal High Court’s ruling “null and void”, describing it as a legal nullity.
The court held that the trial court lacked the jurisdiction to entertain the matter from the outset. It further criticised the lower court for proceeding to deliver its judgment despite an earlier order from the Court of Appeal directing a stay of proceedings, including the delivery of judgment.
According to the appellate court, the action of the trial judge amounted to “judicial impertinence” and what the Supreme Court has previously described as “judicial insubordination.”
The court also ruled that the first respondent lacked the legal standing (locus standi) to institute the suit, rendering the entire proceedings incompetent.
Consequently, the Court of Appeal set aside the judgment of the Federal High Court, effectively restoring the legal status of the five political parties and bringing the deregistration order to an end.