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.
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