The Court of Appeal, Abuja Division, has reaffirmed the doctrine of locus standi in a landmark judgment that legal experts say strengthens Nigeria’s constitutional democracy and reinforces the integrity of the nation’s electoral process.
In its judgment delivered yesterday, the appellate court set aside the decision of the Federal High Court which had purportedly deregistered the African Democratic Congress (ADC), Accord Party, and three other political parties.
The Court held that the plaintiffs lacked the requisite locus standi to institute the action, reiterating that only persons who can demonstrate a sufficient legal interest or injury possess the legal capacity to invoke the jurisdiction of the courts in matters relating to the registration or existence of political parties.
Legal analysts have described the decision as a significant affirmation of the constitutional limits of judicial intervention in electoral matters.
The judgment preserves the constitutional and statutory powers of the Independent National Electoral Commission (INEC) to regulate political parties under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Electoral Act, 2022 (as amended). It also prevents speculative litigation capable of creating uncertainty within Nigeria’s electoral system.
The Court further reinforced the long-established doctrine of locus standi, maintaining the restrictive approach laid down by the Supreme Court in Senator Abraham Adesanya v. President of the Federal Republic of Nigeria. By doing so, the Court made it clear that busybodies and meddlesome interlopers have no place in litigation where they possess no direct legal interest.
Observers believe the ruling carries profound implications for the 2027 general elections. By shielding duly registered political parties from collateral legal challenges initiated by persons without standing, the judgment provides greater certainty and stability for political parties, the electorate, and Nigeria’s democratic process.
The decision also sends a strong message that the courts will not permit judicial proceedings to become instruments for pursuing political objectives outside the constitutional and statutory framework. Instead, it reinforces adherence to due process, respect for the constitutional authority of INEC, and the rule of law.
Overall, the judgment is regarded as a major victory for Nigeria’s electoral jurisprudence, promoting jurisdictional discipline, protecting the political party system, and ensuring that the democratic space remains open to all lawfully registered political parties ahead of the 2027 general elections.
Reacting to the decision, Dr. Monday O. Ubani, SAN, PhD, described the judgment as a timely reaffirmation that procedural safeguards, particularly the doctrine of locus standi. remain indispensable to the orderly administration of electoral justice and the protection of Nigeria’s constitutional democracy.
He also commended the appellate courts for their continued role in safeguarding the rule of law, stating that the Court of Appeal and the Supreme Court have consistently served as dependable guardians of Nigeria’s constitutional order.
Monday O. Ubani, SAN, PhD
Legal Practitioner | Public Interest Lawyer
