Olamilekan Abayomi
The Court of Appeal has overturned a Federal High Court judgment that ordered the deregistration of the African Democratic Congress, ADC, and four other political parties. In a unanimous decision delivered on Tuesday in Abuja, a three-member panel ruled that the Independent National Electoral Commission, INEC, acted beyond its powers when it de-registered the parties in 2020. The appellate court held that only a court of competent jurisdiction can deregister a political party, and that INEC’s action violated due process and the 1999 Constitution.
The case dates back to February 2020 when INEC deregistered 74 political parties, citing their failure to meet the criteria set out in Section 225A of the Constitution. The criteria required parties to win at least 25% of votes cast in one state in a presidential election, or at least one seat in the National Assembly or a state House of Assembly. ADC, alongside four other parties, challenged the decision, arguing that the provision was being applied retroactively and that they were not given a fair hearing before the deregistration.
Justice Inyang Ekwo of the Federal High Court had earlier dismissed the suit filed by the parties, ruling that INEC acted within the law and that the constitutional amendment gave the commission the power to deregister underperforming parties. The judge said the parties failed to show that they met the electoral performance threshold in the 2019 general elections. That judgment was what the parties appealed, describing it as a miscarriage of justice that threatened multiparty democracy in Nigeria.
In overturning that decision, the Court of Appeal led by Justice Elfrieda Williams-Dawodu held that while INEC has powers to regulate political parties, it cannot unilaterally deregister them without recourse to the courts. The panel said Section 225A must be read alongside Section 40 of the Constitution, which guarantees freedom of association. The court also noted that deregistration has far-reaching consequences, including loss of party structure, assets, and the right to field candidates, and therefore requires judicial oversight.
The appellate court further ruled that INEC failed to follow fair hearing principles before taking the action. It said the commission did not notify the affected parties or give them an opportunity to respond to allegations of non-performance. According to the justices, administrative action that affects fundamental rights must comply with the rules of natural justice. On that basis, the court set aside the deregistration and ordered INEC to immediately relist ADC and the four other parties in its register.
Reacting to the judgment, ADC’s National Chairman said the ruling was a victory for democracy and for smaller parties that provide alternatives to the two major parties. He said the party would now begin processes to reactivate its structures nationwide ahead of upcoming elections. Lawyers for the other four parties also described the decision as a check on executive overreach and a reinforcement of constitutional limits on INEC’s powers.
INEC has not yet issued an official statement on whether it will comply immediately or appeal to the Supreme Court. Legal analysts say the ruling clarifies an important point in electoral law: that performance-based deregistration cannot be automatic and must go through the judiciary. They also note that the judgment could affect how INEC handles party registration and regulation going forward, especially with the 2027 general elections approaching.
The decision restores ADC and the four other parties to full legal status, meaning they can now access party funds, participate in elections, and appear on the ballot. Civil society groups welcomed the ruling, saying it protects political pluralism and prevents a situation where only a few parties dominate the system. For now, the parties are expected to file updated documents with INEC and resume activities as recognized political platforms under the law.
