Appeal court nullifies order for deregistration of ADC, four others
The Court of Appeal has overturned the Federal High Court’s decision ordering INEC to deregister five political parties, including the ADC.
The rest of the parties affected by the deregistration order of the Federal High Court are Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
The appellate court specifically declared the judgment that ordered the Independent National Electoral Commission (INEC) to deregister the parties “null and void”.
The court, while describing the judgment as “a nullity”, held that “what the learned trial court did amounted 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 jurisdiction to hear the case in the first instance.
The appellate court 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 included the delivery of the judgment.
It also noted that the 1st Respondent had no locus standi to institute the action in the first place, thereby setting aside the judgment of the trial court.