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Nigeria recorded a major victory for democracy and rule of law recently when the Court of Appeal, Abuja Division, nullified a questionable judgment by the Federal High Court, Abuja. The lower court had, on June 15, 2026, ordered the Independent National Electoral Commission (INEC) to deregister five opposition political parties.
The three-member panel of justices of the Court of Appeal, led by Justice Abba Mohammed, unanimously held that the judgment of the lower court was delivered without jurisdiction and the suit was incompetent, having been filed by a non-juristic entity. The appellate court further held that the trial court ignored the proof showing that the parties had won various elective seats in previous elections and it acted in defiance of an order that had directed it to stay proceedings pending the determination of an interlocutory appeal.
Besides, the deregistration order did not reckon with the fact that the political parties had done their primary elections and selected candidates for various positions in the forthcoming elections. The recently held Ekiti State governorship election and August 15 Osun State governorship election are typical examples. Hence, the appellate court restored the registration of the five parties: the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP). It awarded costs against the initiators of the suit, the National Forum of Former Legislators (NFFL).
It also berated Justice Peter Lifu of the Federal High Court for proceeding with the case and delivering judgment despite the earlier order directing him to stay proceedings pending the outcome of the appeal, scheduled for October 2026. It described this as a brazen violation of the hierarchy of the courts and the provisions of the Constitution.
The Court of Appeal has, through this judgment, given hope to Nigeria’s democracy. It has demonstrated that the judiciary is the last hope of the common man. It deserves praise for standing for the people and multiparty democracy.
Justice Lifu had ordered INEC to deregister the five political parties on the grounds that they failed to satisfy the constitutional requirements for their continued existence. Among others, the NFFL had argued that the five parties did not meet the electoral performance thresholds for continued existence as registered parties. They relied on Section 225A of the 1999 Constitution (as amended) and provisions of the Electoral Act.
Essentially, Section 225A empowers INEC to deregister parties that fail to secure at least 25 per cent of votes in a state during a presidential election, and did not win at least one local government in a governorship election or one ward in a chairmanship election or one seat at the national, state or local government levels.
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Many Nigerians, including opposition figures, hailed the judgment of the appellate court. National Chairman of the ADC, David Mark, described it as a victory for democracy, constitutionalism and the rule of law. He said the verdict “is a reassuring reminder that our judiciary can still rise above pressure and protect democracy, political pluralism and the constitutional rights of citizens and political parties.”
Former Nigerian Vice-President and presidential candidate of the ADC in the 2027 election, Atiku Abubakar, said “political contests must be decided by the votes of Nigerians, not by contrived lawsuits seeking to achieve in the courtroom what cannot be won at the ballot box.”
The Inter-Party Advisory Council (IPAC) also welcomed the appellate court’s judgment and called on the National Judicial Council (NJC) to investigate judicial officers whose decisions conflicted with constitutional provisions. The NJC had, in the recent past, punished some judges for granting frivolous ex parte orders and other forms of misconduct. It should not relent in sanitising the third arm of government.
The judiciary should endeavour to be fair to all. There should be no inclination to partisanship, judicial corruption or manipulation. Courts of coordinate jurisdiction must avoid giving conflicting judgments in the same case. As an important arm of government, the judiciary should not be used to destabilise our democracy. Politicians should eschew frivolous suits and forum shopping. They must play by the rules.
Judges must be circumspect and objective in their judgments. They should avoid judicial rascality or give rulings that impinge on the integrity of the courts. The judiciary must, at all times, defend the constitution and democracy.
Judges must be careful and fair in their judgments. They should emulate the judicial activism of such erstwhile Supreme Court justices as Andrew Obaseki, Augustine Nnamani, Chukwudifu Oputa, Kayode Eso and Mohammed Bello. These justices delivered judgments that were considered landmark. There is every need to return to that era.
