Federal Court Upholds APP Registration, Orders INEC to Retain Party

June 15, () — A fresh legal twist has emerged in the growing controversy surrounding the status of political parties ahead of Nigeria’s 2027 general elections after the Federal High Court sitting in Owerri upheld the legal registration of the Action Peoples Party (APP), ordering the Independent National Electoral Commission (INEC) to retain the party on its register while imposing a N20 million penalty on the plaintiff who sought its removal.

The judgment, delivered by Justice Iniekenimi Oweibo, dismissed in its entirety a suit seeking to compel INEC to remove APP from the register of political parties on claims that the party had been deregistered during the commission’s February 6, 2020 exercise that affected 74 political parties.

The plaintiff had urged the court to compel INEC to remove APP from the register of recognised political parties, arguing that the party ceased to exist following the 2020 deregistration exercise and therefore had no legal basis to continue participating in electoral activities.

According to the plaintiff, APP’s participation in electoral processes, including the 2024 Rivers State Local Government Elections and local council elections conducted in Jigawa State, was unlawful since the party had allegedly lost its legal status six years ago.

To strengthen the case, the plaintiff relied on media reports and a previous Supreme Court judgment affirming INEC’s constitutional powers to deregister political parties that fail to meet statutory requirements.

However, after reviewing evidence presented before the court, Justice Oweibo held that the plaintiff failed to establish that APP was ever lawfully deregistered by INEC.

Delivering judgment, the court found that APP had moved swiftly on the same day INEC announced the 2020 deregistration exercise by approaching the High Court of the Federal Capital Territory in Abuja, where it obtained a restraining order preventing INEC from taking any action affecting the party’s status pending the determination of judicial review proceedings.

The court noted that the enrolled order tendered by APP specifically directed that leave granted for judicial review should operate as a stay of all actions connected to the matter.

According to the court, the plaintiff failed to challenge the authenticity of the order or prove that the restraining order had been vacated or rendered invalid.

“I find on the evidence that the 3rd Defendant instituted an action against the 1st Defendant and obtained an order stopping the 1st Defendant from taking any action in respect of deregistering the 3rd Defendant,” Justice Oweibo held in the ruling.

The court further rejected arguments advanced by the plaintiff that an interim court order could not remain effective for nearly six years, explaining that the order in question was not an ordinary interim injunction but a stay granted in judicial review proceedings.

Citing Order 44 Rule 3(6) of the FCT High Court (Civil Procedure) Rules, Justice Oweibo held that such a stay remains legally binding until the substantive matter is finally determined or until the court expressly orders otherwise.

The judge also agreed with both INEC and APP that the Supreme Court decision relied upon by the plaintiff did not specifically determine APP’s legal status since the party was not a litigant in proceedings that produced that apex court judgment.

Throughout the proceedings, INEC maintained that APP remains a duly registered political party and strongly denied allegations of fraud or collusion in retaining the party on its official register.

The electoral commission argued that media reports relied upon by the plaintiff could not constitute legal or official evidence proving deregistration and insisted that all its actions regarding APP were guided by subsisting court orders and valid judicial pronouncements.

In its defence, APP maintained that it was never among political parties lawfully deregistered by INEC and tendered previous court judgments supporting its continued legal recognition.

The party also rejected allegations that its participation in elections was fraudulent, insisting all political and electoral activities conducted by the party were lawful and fully compliant with Nigeria’s electoral laws.

In its final determination, the court resolved all five issues submitted for adjudication against the plaintiff and dismissed the suit in its entirety.

Justice Oweibo was particularly critical of the action, describing it as a case that should never have been instituted, noting that the plaintiff was already aware through previous investigations that APP had not been deregistered and that earlier judicial decisions had consistently affirmed the party’s legal status.

“The plaintiff merely wasted the time of the court and the defendants,” the judge ruled.

Consequently, the court imposed punitive costs of N10 million against the plaintiff in favour of INEC and another N10 million in favour of APP, bringing the total financial penalty to N20 million.

The ruling effectively strengthens APP’s legal standing and clears the party to continue participating in electoral activities as a recognised political party under Nigerian law.

The development has also created a direct legal contradiction with Monday’s separate judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja, which ordered INEC to deregister APP alongside the African Democratic Congress (ADC), Accord Party (AP), Zenith Labour Party (ZLP), and Action Alliance (AA) over alleged failure to meet constitutional electoral thresholds.