The Supreme Court has dismissed the appeal seeking the deregistration of the Action Peoples Party (APP), affirming the party’s constitutional status and clearing the way for its full participation in the 2027 general elections.
The appeal was filed by Mr. Blessing Elujiuba.
Recall that both the Federal High Court and the Court of Appeal earlier held that APP remains a legally recognized political party that has satisfied the constitutional requirements for continued registration.
The appeal was struck out by a five-member panel of the Supreme Court led by Justice John Inyang Okoro after the appellant formally withdrew the case.
“This appeal is hereby dismissed having been withdrawn without objection,” Justice Okoro declared while delivering the ruling.
The respondents in the suit were the Independent National Electoral Commission (INEC), the Action Peoples Party (APP), and the party’s National Chairman, Uche Kingsley Nnadi. The Supreme Court’s decision puts a final seal on the legal challenge, which had sought to compel INEC to deregister APP because it allegedly failed to meet the conditions stipulated under Section 225A of the 1999 Constitution.
In its earlier unanimous judgment, the Court of Appeal sitting in Owerri dismissed the appellant’s claims and upheld the decision of the Federal High Court, which found that APP had met the constitutional requirements necessary to remain a registered political party. The appellate court held that the claimant failed to prove allegations that APP had not won elections or fulfilled the constitutional benchmarks required for political parties.
Justice Ntong Festus Ntong, who delivered the lead judgment at the appellate court, ruled that APP presented credible and uncontroverted evidence showing that it had won elective positions, including a councillorship seat in Jigawa State and significant victories in Rivers State local government elections. The court held that those facts fundamentally weakened the appellant’s argument that APP had failed to satisfy constitutional conditions for continued existence.
Furthermore, the appellate court endorsed the position of INEC and APP that the provisions of Section 225A of the Constitution must be interpreted disjunctively, meaning that meeting any of the stipulated requirements is sufficient to sustain a party’s registration.
The judges unanimously concluded that there was no legal basis for APP’s deregistration.
Justice Oyebisi Folayemi Omoleye described the appeal as “completely bereft of merit,” while Justice Mohammed Lawal Abubakar agreed that the challenge lacked merit and deserved dismissal.
