Atiku: Appeal Court Judgement has Reaffirmed Supremacy of Rule of Law

The Media Office of Atiku Abubakar has hailed the judgement of the Court of Appeal setting aside the verdict of the Federal High Court that sought to deregister the African Democratic Congress (ADC) and some other political parties. Daily Trust reports that Justice Peter Lifu of the Federal High Court sitting in Abuja, had ordered […]

The Media Office of Atiku Abubakar has hailed the judgement of the Court of Appeal setting aside the verdict of the Federal High Court that sought to deregister the African Democratic Congress (ADC) and some other political parties.

Daily Trust reports that Justice Peter Lifu of the Federal High Court sitting in Abuja, had ordered the electoral body to deregister the party over its performance after the 2023 general elections.

However, the political parties, including ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and the Zenith Labour Party (ZLP) sought nullification of the Federal High Court judgment.

But the appellate court, while describing the judgement “a nullity” held that “what the learned trial court did amount to judicial impertinence or what the Supreme Court called judicial insubordination.”

The three-man panel of the appellate court presided over by Justice Abba Mohammed, in a unanimous decision, held that the trial court had no judicial power to hear the case initially.

The appellate noted that the trial court was wrong to have proceeded with the delivery of the judgment despite the order of the court of appeal directing a stay of proceedings which includes the delivery of the judgement.

It also noted that the 1st Respondent had no locus standi to institute the action in the first place, thereby setting aside the judgement of the trial court.

“The evidence before the court clearly shows a compliance with Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). That the judgment of the trial judge was perverse,” the appeal court held.

Reacting to the judgement, Atiku’s media office described the judgement of the Federal High Court as erroneous, commending the Appeal Court for its stance.

“We warmly welcome the landmark judgment of the Court of Appeal, which set aside the erroneous judgement.”

“We congratulate the learned Justices of the Court of Appeal for their courage, fidelity to the Constitution and unwavering commitment to justice. Their judgment is a reassuring affirmation that the judiciary remains the last hope of the common man and the ultimate guardian of constitutional democracy. At a time when many Nigerians are anxious about the future of democratic governance, the Court has demonstrated that justice, when courageously dispensed, remains the strongest defence against arbitrariness.

“With this Court of Appeal judgment validating the legal status of ADC plus the judgment of Hon. Justice Liman of the Federal High Court, Abuja Division, affirming the Election of Senator David Mark’s led exco of ADC, the leading opposition party has finally navigated its ways to the ballot for the 2027 General Elections as there’s no suit pending that challenges its leadership again.

“The appellate court rightly held that the judgment delivered on 15 June by Justice Lifu was a nullity, having been rendered in disobedience to a subsisting order of the Court of Appeal. It further found that the respondents lacked the 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, not conjunctively, and held that since the Osun and Ekiti election cycles were still active when the suit was filed, the action was premature.

“Equally significant 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. Having accepted INEC’s evidence, the lower court had no legal basis to manufacture additional conditions in order to arrive at what the Court of Appeal rightly described as a perverse decision.

“This judgment is far more than a legal victory for the ADC. It is a victory for every Nigerian who believes that democracy must be nurtured through free political competition rather than strangled through speculative litigation. The strength of a democracy lies not in the exclusion of political opponents but in allowing the people to freely determine their leaders through the ballot.

“We urge anti-democratic forces to resist the dangerous temptation of using the courts and other institutions of the state as instruments of political engineering. The judiciary must never be transformed into a battlefield for eliminating political competitors or shrinking the democratic space. Such conduct undermines public confidence in our institutions and diminishes the sacrifices made by countless Nigerians in the struggle to enthrone constitutional democracy.

“As the nation moves steadily towards the 2027 general election, political contests must be settled by the votes of Nigerians—not by contrived lawsuits designed to achieve through the courtroom what cannot be won at the ballot box.”