The Court of Appeal has overturned a Federal High Court judgment that had ordered the deregistration of the African Democratic Congress and several other political parties. The appellate court ruled the lower court's decision was a nullity because it violated an existing Court of Appeal order and was delivered without proper legal standing by the plaintiffs. Judges held that the claims were speculative and that the plaintiffs lacked locus standi to bring the suit.
The Court of Appeal also clarified that Section 225A of the 1999 Constitution, as amended, should be interpreted disjunctively, not conjunctively, meaning not all conditions for deregistration must be met simultaneously. It found the case premature since the Osun and Ekiti election cycles were still ongoing when the suit was filed. The appellate court faulted the trial court for ignoring the unchallenged affidavit of the Independent National Electoral Commission, which confirmed the affected parties had met constitutional and statutory requirements.
The ruling reinforces the legal standing of the ADC ahead of the 2027 general elections. An earlier Federal High Court decision in Abuja had already affirmed the Senator David Mark-led National Executive Committee as the legitimate leadership of the ADC, removing internal party challenges. The Atiku Media Office welcomed the judgment, calling it a win for constitutional democracy and the rule of law. In a statement issued Tuesday, it said the decision cleared all legal barriers to the ADC's participation in the 2027 elections and upheld the principle that voters, not courts, should determine political outcomes.
|||NAJABUZZ_TAKE||| The Court of Appeal's decision exposes a contradiction between the lower court's actions and established constitutional interpretation, particularly in how Section 225A was applied. This matters because it confirms that INEC's certification of parties carries decisive weight, preventing judicial overreach from altering the political landscape ahead of 2027.
The Court of Appeal's ruling clarifies that deregistration of political parties under Section 225A of the Constitution does not require all conditions to be met at once, a key legal interpretation for parties like the ADC ahead of 2027. This matters because it reinforces the judiciary's role in preventing premature litigation from disrupting political participation, ensuring electoral contests remain with voters rather than being decided in court.
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