The Court of Appeal, Abuja Division, Endhas nullified the judgement of Justice Peter Lifu of the Federal High Court that deregistered five political parties.
The high court judgement deregistered African Democratic Congress (ADC), Accord Party and three other political parties.
In its judgement, the Appeal Court declared the judgement that ordered the Independent National Electoral Commission (INEC) to deregister the parties “null and void”.
The lower court had ordered the electoral body to deregister the party over its performance after the 2023 general elections.
However, the political parties, including ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP) sought nullification of the Federal High Court judgment.
But the appellate court, while describing the judgement “a nullity” held that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”
The three-man panel of the appellate court presided over by Justice Abba Mohammed, in a unanimous decision, held that the trial court had no judicial power to hear the case initially.
The appellate noted that the trial court was wrong to have proceeded with the delivery of the judgment despite the order of the court of appeal directing a stay of proceedings which includes the delivery of the judgement.
It also noted that the 1st Respondent had no locus standi to institute the action in the first place, thereby setting aside the judgement of the trial court.
“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court said.
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