ADC presidential candidate, Atiku Abubakar, has welcomed the Court of Appeal ruling that cleared the ADC and other parties to contest the 2027 elections.
The Appeal Court set aside a Federal High Court decision to deregister parties, and affirmed ADC leadership led by Senator David Mark.
The Court of Appeal ruled the 15 June judgment by Justice Lifu was a nullity, cited lack of locus standi, and relied on INEC affidavit evidence of compliance.
The June 15 judgment of ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties for allegedly failing to meet the 25 per cent constitutional threshold for continued existence as political parties.
In a series of unanimous judgments on Tuesday, a three-member panel of the Court of Appeal, led by Justice Abba Mohammed, held that the Federal High Court was wrong to assume jurisdiction over the suit filed by a group – the registered trustees of the National Forum of Former Legislators (NFFL) – which was a non-juridical entity at the time it filed the suit.
The Court of Appeal, which held that the plaintiff at the trial court was not a registered entity at the time it filed the suit, faulted the Federal High Court for allowing the NFFL to amend the suit, noting that it was wrong to allow the amendment of an incompetent suit.
According to the Court of Appeal, there was no valid suit that could have warranted the consequential order directing INEC to derecognise the political parties.
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It noted that the trial court failed to properly evaluate the evidence placed before it, stressing that proof that the parties won various seats in previous elections was ignored.
It also held that the Federal High Court acted in defiance of a May 22 order of the Court of Appeal that directed it to stay further proceedings in the case.
It held that the Federal High Court ought to have dismissed the substantive case for want of jurisdiction and merit.
