Faults Lower Court for Disregarding INEC’s Uncontroverted Evidence and Imposing Conditions Unknown to Law
We warmly welcome the landmark judgment of the Court of Appeal setting aside the erroneous decision of the Federal High Court, which sought to remove the African Democratic Congress (ADC) and other political parties from Nigeria’s democratic landscape.
We commend the learned Justices of the Court of Appeal for their courage, fidelity to the Constitution, and unwavering commitment to justice. Their decision stands as a powerful affirmation that the judiciary remains the guardian of constitutional democracy and the last hope of the common man. At a time when many Nigerians are concerned about the future of democratic governance, this judgment demonstrates that the rule of law remains the strongest safeguard against arbitrariness and abuse of power.
With this judgment affirming the legal status of the ADC, alongside the earlier decision of Hon. Justice Liman of the Federal High Court, Abuja Division, upholding the election of the Senator David Mark-led National Executive Committee of the party, the ADC has successfully overcome all legal challenges to its leadership and status. There is no longer any pending suit challenging the party’s leadership, clearing the way for the ADC to fully participate in the 2027 General Elections.
The Court of Appeal rightly held that the judgment delivered on 15 June by Justice Lifu was a nullity, having been rendered in defiance of a subsisting order of the Court of Appeal. The Court further held that the respondents lacked the requisite locus standi to institute the action, describing their claims as speculative and legally unsustainable.
The Court also clarified that Section 225A of the Constitution must be interpreted disjunctively rather than conjunctively. It held that because the electoral cycles in Osun and Ekiti States were still ongoing when the suit was instituted, the action was premature.
Of particular significance was the Court’s finding that the trial court ignored the uncontroverted affidavit evidence of the Independent National Electoral Commission (INEC), which confirmed that the ADC and the other affected political parties had complied with all constitutional and statutory requirements and did not meet the constitutional threshold for deregistration. Having accepted INEC’s affidavit evidence, the lower court had no legal basis to invent additional requirements or manufacture evidence to reach a contrary conclusion. The Court of Appeal rightly characterized that approach as perverse and contrary to settled legal principles.
This judgment is far more than a victory for the ADC. It is a victory for constitutional democracy, the rule of law, and every Nigerian who believes that political competition should be determined by the freely expressed will of the people—not by speculative litigation or judicial overreach. Democracy is strengthened when political parties are allowed to compete freely and weakened when attempts are made to eliminate political opponents through the courts.
We therefore urge all anti-democratic actors to resist the temptation of using the judiciary or any institution of state as instruments of political engineering. The courts must never become arenas for achieving political objectives that cannot be secured through the democratic process. Such actions erode public confidence in our institutions and undermine the sacrifices made by generations of Nigerians in the struggle for constitutional democracy.
As the nation prepares for the 2027 General Elections, political contests must be decided at the ballot box—not through contrived lawsuits designed to secure judicial victories where electoral victories cannot be obtained.
We once again express our profound appreciation to the distinguished Justices of the Court of Appeal for their courageous, impartial, and constitutionally grounded judgment. Their decision has reinforced public confidence in the administration of justice and reaffirmed that, in Nigeria, the rule of law remains superior to political expediency.
We remain confident that truth, justice, and the democratic will of the Nigerian people will continue to prevail.
