NJC urged to investigate judge after Appeal Court restores ADC, four parties

The National Judicial Council (NJC) has been urged to investigate and discipline the Federal High Court judge whose ruling threatened the participation of the African Democratic Congress (ADC) and four other political parties in the 2027 general election after the Court of Appeal overturned the decision.

The call was made by the lawyer representing the ADC, Dr Alex Adum, during an interview with ARISE NEWS on Wednesday, where he described the appellate court’s judgment as a victory for constitutionalism, the rule of law and Nigeria’s multi-party democracy.

Adum argued that the lower court failed to properly interpret Section 225A of the Constitution and ignored evidence presented during the proceedings, leading to what he described as an erroneous judgment.

“It’s now become incumbent on the National Judicial Council to activate its disciplinary procedures. We expect that this is a time for the NJC to act. The judge failed to consider the evidence that were before him, particularly with respect to the provisions of Section 225A,” he said.

According to him, the Court of Appeal rightly set aside the Federal High Court’s decision because the trial judge did not properly evaluate the constitutional requirements governing the continued registration of political parties.

Adum explained that Section 225A provides alternative conditions for political parties to retain their registration, stressing that winning even a single councillorship election satisfies the constitutional threshold.

He further noted that the Supreme Court of Nigeria had already settled the issue in an earlier judgment involving the Action Peoples Party (AUP) and the Independent National Electoral Commission (INEC), making the trial court’s decision inconsistent with binding judicial precedent.

“The Supreme Court of Nigeria established in the case of AUP versus INEC that once a party has won one particular councillorship election, that political party has met the requirements of Section 225A,” he stated.

The ADC lawyer also defended INEC, saying the electoral commission had correctly determined that the five affected political parties met the constitutional conditions for continued registration.

He added that the Court of Appeal also ruled that the individuals who initiated the case lacked the legal capacity to institute the action, rendering the suit incompetent from the outset.

“The Court of Appeal analysed the decision and was very emphatic that the people who came before the Federal High Court had no juristic personality and as such lacked the locus standi to institute the action,” Adum said.

He further accused the trial judge of disregarding the principle of judicial hierarchy by failing to follow established decisions of superior courts, insisting that judges are constitutionally bound to obey precedents set by higher courts.

Describing the appellate court’s judgment as a restoration of constitutional order, Adum said the ruling safeguarded Nigeria’s multi-party democracy ahead of the 2027 elections.

He concluded by reiterating his call on the NJC to exercise its constitutional disciplinary powers against the judge, insisting the council is the only body empowered to sanction serving judicial officers.