By Monday O. Ubani, SAN
Yesterday the Court of Appeal Abuja set aside the judgment of the Federal High Court which purportedly deregistered the African Democratic Congress (ADC), Accord Party and three other political parties in what is considered in the legal circle as a significant reaffirmation of the constitutional limits of judicial intervention in electoral matters.
By holding that the plaintiffs lacked locus standi, the Court reinforced the principle that only persons who can demonstrate a sufficient legal interest or injury have the competence to invoke the jurisdiction of the courts in matters relating to the existence or registration of political parties.
The judgment is important for several reasons.
First, it preserves the constitutional and statutory autonomy of the Independent National Electoral Commission (INEC) in regulating political parties under the relevant provisions of the Electoral Act, 2022, as amended, and the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The registration or deregistration of political parties is not a matter for speculative litigation by persons without a legally recognisable interest. Allowing such actions would expose the political process to unnecessary judicial interference and create uncertainty within the electoral system.
Secondly, the decision strengthens the doctrine of locus standi in Nigerian public law. Although Nigerian courts have, over the years, adopted varying approaches to the principles of standing, the prevailing jurisprudence remains the restrictive approach enunciated by the Supreme Court in Senator Abraham Adesanya v. President of the Federal Republic of Nigeria. The Court of Appeal has now reaffirmed that position by making it clear that there is no room for busybodies or meddlesome interlopers to challenge matters in which they have no direct legal interest.
Electoral disputes, because of their constitutional sensitivity, require strict compliance with jurisdictional requirements.
For the 2027 general elections, the judgment has far-reaching implications. It provides much-needed certainty for political parties and the electorate by preventing attempts to destabilise the political landscape through collateral litigation aimed at excluding political parties from participating in elections. Political parties can now prepare for the electoral process with greater confidence that their legal existence cannot be threatened by actions instituted by persons lacking the requisite standing.
The judgment also serves as a reminder that the courts will not permit the judicial process to become an instrument for achieving political objectives that should properly be pursued through constitutional and statutory mechanisms. It reinforces the principle that electoral democracy is best protected through adherence to due process, the rule of law, and respect for the constitutional powers vested in INEC.
Overall, the Court of Appeal’s decision promotes stability in Nigeria’s electoral jurisprudence by emphasising jurisdictional discipline, safeguarding the integrity of the political party system, and ensuring that the democratic space remains open to all duly registered political parties ahead of the 2027 general elections.
It is a timely affirmation that procedural safeguards, particularly the requirement of locus standi remains indispensable to the orderly administration of electoral justice and the protection of Nigeria’s constitutional democracy.
Kudos to the appellate jurisdictions(Court of Appeal and Supreme court) for always coming to the rescue!
Monday O. Ubani, SAN, PhD
Legal Practitioner/ Public Interest Lawyer.
