COURTS NOT A WEAPON TO CRUSH OPPOSITION, ATIKU DECLARES AS APPEAL COURT RESCUES ADC, OTHERS

…Appellate court voids deregistration order, says Judge had no business hearing case

By Jeremy Fregene
The Court of Appeal in Abuja on Tuesday delivered a major boost to Nigeria’s multiparty democracy, nullifying the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.

Reacting to the landmark verdict, former Vice President Atiku Abubakar warned against turning the judiciary into a political weapon, declaring that courts must never become battlegrounds for eliminating opposition parties or shrinking the nation’s democratic space.

The unanimous judgment by a three-member panel of the Court of Appeal set aside the June 15 ruling of the Federal High Court, describing it as a nullity after finding that the lower court acted in defiance of an earlier appellate court order directing it to stay proceedings.

The appellate court held that Justice Peter Lifu proceeded to deliver judgment despite being aware of the subsisting order restraining him from doing so, describing the action as judicial misconduct that rendered the entire proceedings invalid.

Earlier, the Federal High Court had directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Alliance, Accord Party, Zenith Labour Party, and Action Peoples Party, arguing that they had failed to satisfy constitutional requirements for continued registration.

The court had also restrained INEC from recognising the affected parties, accepting candidates sponsored by them, or allowing them to participate in the 2027 general elections.

The suit was instituted by the National Forum of Former Legislators (NFFL), which argued that the parties failed to meet the electoral performance thresholds stipulated under Section 225A of the 1999 Constitution.

The plaintiffs contended that the affected parties neither secured the required electoral victories nor won enough seats in the 2023 general elections and subsequent by-elections to justify their continued existence.

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), supported the suit, arguing that INEC was constitutionally obligated to deregister political parties that failed to meet the prescribed legal benchmarks.

However, the Court of Appeal overturned the judgment, holding that the trial court lacked jurisdiction to entertain the case because the National Forum of Former Legislators was not a juristic person recognised by law and therefore lacked the legal capacity to institute the action.

The appellate court also faulted the lower court for proceeding with the matter despite a valid stay of proceedings and declared every order arising from the judgment a nullity.

Welcoming the decision, Atiku described it as a victory not only for the ADC but for constitutional democracy, the rule of law, and every Nigerian who believes in free and fair political competition.

He said the verdict had removed all legal obstacles confronting the ADC and reaffirmed that the 2027 elections must be determined by voters rather than by politically motivated lawsuits.

“As the nation advances towards the 2027 general elections, 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,” Atiku said.

He warned that any attempt to use the judiciary or other state institutions to engineer political outcomes would undermine democracy and weaken public confidence in the nation’s constitutional order.

“The strength of a democracy lies not in the exclusion of political opponents but in allowing the people to freely determine their leaders through the ballot.

“The judiciary must never be transformed into a battlefield for eliminating political competitors or shrinking the democratic space,” he declared.

Atiku commended the Justices of the Court of Appeal for what he described as their courage, fidelity to the Constitution, and commitment to justice, saying the judgement had restored confidence in the independence of the judiciary.

According to him, the appellate court also reaffirmed an earlier judgement recognising the Senator David Mark-led National Executive Committee of the ADC, effectively bringing to an end all litigation challenging the party’s leadership ahead of the 2027 general elections.

He further noted that the appellate court faulted the trial judge for ignoring unchallenged affidavit evidence presented by INEC confirming that the ADC and the other affected political parties had complied with constitutional and statutory requirements.

National Chairman of the ADC, Senator David Mark, also hailed the verdict as a defining victory for democracy, constitutionalism, and the rule of law.

He said the judgement reaffirmed the judiciary’s role as the ultimate guardian of constitutional rights and political pluralism.

According to the former Senate President, the attempt to deregister the ADC amounted to an assault on Nigeria’s multiparty democracy and the constitutional rights of citizens to freely associate and participate in the political process.

Mark urged party members nationwide to see the legal victory as renewed motivation to intensify grassroots mobilisation ahead of the 2027 general elections.

“Our attention now returns fully to building a stronger, more united and people-oriented political platform that will offer Nigerians a credible alternative in 2027. We must remain steadfast, disciplined and committed to the task ahead,” he said.