The Court of Appeal has set aside the Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC), Action People’s Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), with counsel to the ADC, Reuben Okpanachi, describing the lower court’s decision as an “aberration” and a violation of judicial hierarchy.
Speaking in an interview with ARISE News on Wednesday, Okpanachi said the affected political parties appealed the Federal High Court judgment after obtaining an interlocutory order from the Court of Appeal staying further proceedings in the matter.
“I think upon the delivery of the judgments by the Federal High Court, we filed an appeal against the judgment as other political parties affected also appealed against the judgment.”
He explained that before the Federal High Court concluded the case, the Court of Appeal had, on May 22, 2026, granted an order staying further proceedings.
“On the 15th day of June 2026, when the matter came up for judgment, the lower court was informed of the fact that… the order of the Court of Appeal staying further proceedings. The court also acknowledged the service… but then tried to deliver the judgments in flagrant disobedience to the order of the Court of Appeal staying further proceedings.”
According to him, the parties immediately approached the Court of Appeal, which suspended the execution of the judgment before hearing the substantive appeal.
“The Court of Appeal reprimanded the Federal High Court, set aside the judgment for being delivered without jurisdiction in the Federal High Court, and for the flagrant disobedience of its order of 22nd May 2026, restraining further proceedings or staying further proceedings in the matter.”
Describing the lower court’s action as unprecedented, Okpanachi said, “It was an aberration. It has never happened that the Court of Appeal would witness a subordinate court disobeying its order.”
He commended the appellate court for what he described as its defence of constitutional democracy and the rule of law.
“I’m happy that the Court of Appeal stood firm in defence of constitutional democracy, in defence of rule of law and the integrity and the appellate system of our judiciary.”
Addressing concerns that the ruling could weaken the Independent National Electoral Commission’s authority to deregister political parties, Okpanachi insisted that INEC’s constitutional powers remain intact.
“INEC is the only organisation that is empowered constitutionally to deregister political parties. Not even court can deregister a political party.”
He stated that INEC had successfully deregistered political parties in the past, with those decisions upheld by the Supreme Court, but argued that the circumstances in the present case were different.
According to him, INEC itself informed the court that the affected parties had met the constitutional requirements to remain registered and had won elections across various constituencies.
“In the case of our own, ADC, INEC presented the certificate of return as issued to two House of Representatives members from Kogi State, including Honourable Leke Abejide.”
Okpanachi maintained that both the political parties and INEC placed sufficient evidence before the Federal High Court to show there was no basis for deregistration.
“There was no basis for that judgment. Everything that was needed to help the court to take the right decision was availed to the court, but for its own reason, the court decided to do what it did.”
He described the lower court’s ruling as “a clear error,” adding, “The error committed by the lower court is one of those errors that are profound, that are fundamental, and that are avoidable.”
Ojo Triumph
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