The African Democratic Congress (ADC) has welcomed the unanimous judgment of the Court of Appeal, which set aside in its entirety the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the ADC and four other political parties.
In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said the appellate court specifically declared that the trial judge, Justice Peter Lifu, ‘concocted evidence in favour of the plaintiff’ and accused him of ‘flagrant disobedience to the directives of the superior court,’ describing his conduct as judicial indiscipline, impertinence and insubordination.
The ADC described the decision as a vindication of its consistent position that the case had no merit and that the proceedings were ‘fundamentally flawed in law, unsupported by evidence, and incapable of producing a valid judgment.’
‘We are also delighted that the Court of Appeal further upheld our contention that the plaintiffs lacked the requisite locus standi to institute the action in the first place,’ the statement said.
‘In striking out the case for want of jurisdiction, the Court of Appeal declared that the plaintiffs failed to demonstrate any legal interest peculiar to themselves, relying instead on speculative assertions that they had previously contested elections and might do so again in future, which the Court found insufficient to invoke the court’s jurisdiction.
‘The appellate court held that the plaintiffs failed to establish their claims with credible evidence. It reaffirmed that INEC, the constitutional regulator of political parties, had placed unchallenged evidence before the court confirming that the ADC satisfied the constitutional and electoral requirements for its continued existence.
‘The Court also rejected the trial court’s reasoning concerning elected members of the ADC. Despite affidavit evidence showing that the ADC had returned elected representatives, including three members from Kogi State, the trial court had concluded that those members had defected to another political party, even though no evidence of any such defection existed.’
The ADC described as ‘extraordinary’ the Court of Appeal’s finding that Justice Peter Lifu concocted evidence in resolving the dispute in favour of the plaintiff.
‘We believe this goes to the very heart of the integrity of the judiciary and the judicial process. We note that this is the second time, in cases involving the ADC, that Justice Peter Lifu has come under serious indictment by a superior court for wilful disobedience, judicial insubordination and impertinence. We therefore wonder whether such a roundly discredited judge should be allowed to sit on the bench even for a day longer.’
The party recalled that the plaintiffs, whose suit was later joined by the Attorney General of the Federation, Lateef Fagbemi, had relied on their interpretation of Section 225A of the Constitution to seek the deregistration.
‘The Court of Appeal noted the contradiction in the trial court’s interpretation, stating that, having accepted the proper constitutional interpretation, the trial court nevertheless proceeded to arrive at conclusions inconsistent with both the Constitution and the evidence before it.
‘The appellate court therefore concluded that the African Democratic Congress satisfies the constitutional threshold for recognition as a political party and remains fully entitled to continue its political activities under the Constitution and the Electoral Act.’
The ADC said the judgment is significant not merely because it restores the rights of the affected political parties, but because it reinforces ‘that judicial authority must always be exercised within the bounds of the law, in obedience to superior court orders, and on the basis of evidence properly before the court.’
‘The ADC has always maintained its confidence in the judicial process. We are gratified that the Court of Appeal has reaffirmed the rule of law, corrected a grave miscarriage of justice, and protected the constitutional rights of political parties against unlawful interference.’
‘Our focus remains unchanged. We will continue to strengthen our party, deepen democratic participation, and offer Nigerians the credible alternative they deserve.’