Appeal Court Restores Legal Standing Of Five Opposition Parties In Scathing Rebuke Of Trial Judge
In a major legal victory for opposition politics, the Court of Appeal in Abuja unanimously set aside a Federal High Court judgment that had ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) alongside the Action People’s Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP).
Speaking live on Arise News, Prof. Oserheimen Osunbor, National Legal Officer of the ADC, declared the ruling a triumph for multi-party democracy while revealing that a formal petition has been submitted to the National Judicial Council (NJC) against trial judge Justice Peter Lifu for proceeding despite a subsisting order to stay proceedings.
Deep-Dive Analysis
1. Reversing Unconstitutional Deregistration & Restoring Multi-Party Balance
The appellate court held that the lower court lacked jurisdiction to entertain the original suit filed by the National Forum of Former Legislators and supported by the Attorney General of the Federation.
Section 225A & Supreme Court Precedents
- Disjunctive Thresholds: Prof. Osunbor emphasized that Section 225A criteria for party deregistration are disjunctive, not cumulative. Winning even a single local counselorship or legislative seat protects a party from deregistration.
- Demonstrated Electoral Success: The ADC had already secured two House of Representatives seats and a Kogi State House of Assembly seat in the 2023 elections, fulfilling constitutional requirements.
"The law as interpreted by the Supreme Court is clear: once you win even one counselorship seat in Nigeria, you escape the deregistration hammer. ADC won two House of Reps seats and a State Assembly seat." — Prof. Oserheimen Osunbor, National Legal Officer, ADC
2. Judicial Discipline, NJC Petitions, and 2027 Political Realities
Prof. Osunbor raised sharp concerns over lower-court procedural violations and alleged political pressures aimed at weakening opposition coalitions prior to the 2027 general elections.
Accountability and Political Opposition
- Petition to the NJC: Osunbor confirmed that an affidavit-backed petition has been formally filed with the National Judicial Council (NJC) to examine the trial judge’s conduct.
- Systemic Resistance: While alleging that ruling coalition elements attempt to leverage lower courts to derail rival parties, Osunbor expressed confidence that higher courts continue to serve as a reliable corrective force for the rule of law.
"When you hear a judge being described as guilty of judicial indiscipline, rascality, and gross insubordination by an appellate court, you must ask if there is still a place for such a judge on the bench." — Prof. Oserheimen Osunbor
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