Court of Appeal overturns ruling barring ADC, clears party for 2027 elections

 Atiku Abubakar, former vice-president and presidential candidate of the African Democratic Congress, has welcomed the judgment of the court of appeal nullifying a Federal High Court ruling that ordered the deregistration of the ADC and four other political parties.   The court of appeal, in a unanimous judgment delivered on Tuesday, held that the federal high court in Abuja lacked the jurisdiction to entertain the suit seeking the parties’ deregistration.   The appellate court consequently set aside the June 15 judgment, restored the registration of the affected parties and held that the suit was incompetent because it was instituted by a non-juristic entity.   Reacting in a statement issued by his media office, the former vice-president described the ruling as a victory for constitutional democracy and the rule of law.     “We warmly welcome the landmark judgment of the Court of Appeal, which set aside the erroneous judgment of the Federal High Court that sought to remove the African Democratic Congress (ADC) and other political parties from Nigeria’s democratic space,” the statement reads.   Atiku congratulated the justices of the appellate court, saying the judgment reaffirmed the judiciary’s role as the guardian of constitutional democracy.   “We congratulate the learned Justices of the Court of Appeal for their courage, fidelity to the Constitution and unwavering commitment to justice,” he said.     “Their judgment is a reassuring affirmation that the judiciary remains the last hope of the common man and the ultimate guardian of constitutional democracy.”   He said the judgment, alongside an earlier federal high court decision affirming the David Mark-led national executive committee of the ADC, had removed all legal obstacles to the party’s participation in the 2027 general election.   “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,” he stated.   Atiku said the appellate court correctly held that the trial court’s judgment was a nullity because it was delivered despite a subsisting order of the court of appeal staying proceedings.     He added that the court also found that the plaintiffs lacked the legal standing to institute the suit and faulted the lower court for disregarding affidavit evidence filed by the Independent National Electoral Commission (INEC).   “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,” he said.   “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.”   The former vice-president said the judgment was not only a victory for the ADC but for Nigerians who believe in free political competition.   He urged political actors to refrain from using the courts to eliminate opponents, saying electoral contests should be decided by voters rather than litigation.   “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,” Atiku added.  

Atiku’s camp welcomes Appeal Court judgment clearing the African Democratic Congress (ADC) for the 2027 elections, hailing it as a boost for democracy. Read More: https://punchng.com/appeal-court-judgment-clears-adc-for-2027-polls-says-atikus-camp/