Confusion As Federal High Court Owerri Division Dismisses Suit For Deregistration Of Political Parties

By Ayodele Oni

Nigeria’s continued journey into democracy is under threat following latest conflicting courts’ rulings on the same issue.

The latest, which has drawn mixed reactions is the Federal High Court, Abuja judgement on Monday, which ordered the Independent National Electoral Commission (INEC) to deregister five political parties.

Those affected are African Democratic Congress (ADC), the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

Also on same day, a Court of the same jurisdiction, sitting in Owerri, Imo state with Justice I.N. Oweibo presiding, dismissed a suit seeking the removal of Action Peoples Party (APP) from INEC’s register of political parties, holding that the party remained a duly recognized political organization under Nigerian law.

The different rulings same day over same issue, had further deepened confusion over the legal status of the Action People’s Party (APP).

The  Federal High Court in Owerri, Imo State, also ruled that the party was never deregistered by the Independent National Electoral Commission (INEC), despite an earlier judgment by a Federal High Court in Abuja ordering its deregistration.

In the Owerri judgment, Justice I.N. Oweibo dismissed a suit seeking the removal of APP from INEC’s register of political parties, holding that the party remained a duly recognized political organization under Nigerian law.

The ruling came hours after another Federal High Court sitting in Abuja reportedly directed INEC to deregister APP and four other political parties for allegedly failing to meet constitutional requirements, creating what observers may view as conflicting judicial pronouncements on the party’s status.

While the Abuja court’s decision focused on compliance with constitutional provisions governing political parties, the Owerri court examined claims that APP had already been deregistered during INEC’s February 2020 exercise and found no evidence that such deregistration ever took effect.

Justice Oweibo held that APP had secured a valid court order from the High Court of the Federal Capital Territory in 2020 restraining INEC from taking any action affecting the party’s status pending the determination of judicial review proceedings.

The court ruled that the plaintiff failed to establish that APP was ever lawfully deregistered and consequently dismissed all reliefs sought against both INEC and the party.

The judgment reinforces APP’s claim that it remains a legally recognized political party.

However, the existence of the separate Abuja judgment directing its deregistration, may set the stage for further legal proceedings to determine which order ultimately governs the party’s status.