The Court of Appeal in Abuja has set aside the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, restoring their legal status.
In a unanimous judgment delivered on Tuesday, July 28, 2026, a three-member panel led by Justice Abba Mohammed held that the June 15 decision of the lower court was a nullity, ruling that it lacked jurisdiction to entertain the suit.
The appellate court held that the action filed by the National Forum of Former Legislators (NFFL) was incompetent because the body lacked the legal capacity to sue.
It ruled that, without a valid suit, the trial court had no authority to order the deregistration of the affected parties.
The panel also found that the lower court failed to properly evaluate evidence showing the parties had won elective offices in previous elections and proceeded with the case despite a subsisting order of the Court of Appeal directing it to stay proceedings.
It held that the proper course was to decline jurisdiction and dismiss the suit.
The court consequently allowed the appeals filed by the political parties, vacated the deregistration order and awarded costs against the NFFL.
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The judgment restores the registration of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The case stemmed from a June 15, 2026 judgment by Justice Peter Lifu of the Federal High Court, Abuja, which ordered INEC to deregister the five parties for allegedly failing to meet the electoral performance thresholds under Section 225A of the 1999 Constitution (as amended), the Electoral Act 2022 and INEC Regulations.
The trial court also barred INEC from recognizing the parties, accepting candidates sponsored by them or allowing them to participate in activities relating to the 2027 general elections.
The suit, marked FHC/ABJ/CS/2637/2026, was filed by the NFFL, which argued that the parties failed to satisfy the constitutional benchmarks for continued registration after the 2023 general election and subsequent by-elections.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the plaintiffs’ position before the trial court.
INEC and the affected parties challenged the ruling, prompting the Court of Appeal to stay its execution on June 16, 2026.
The appellate court also faulted the trial judge for proceeding with the case despite its May 22 order directing a stay of proceedings pending the determination of interlocutory appeals.
Tuesday’s judgment finally overturns the deregistration order, reaffirming the legal status of the five political parties and preserving their eligibility to participate in Nigeria’s electoral process.