The Court of Appeal in Abuja has ordered a stay of execution on a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling delivered on Tuesday, a three-member panel led by Justice A.B. Mohammed criticised the conduct of Justice Peter Lifu of the Federal High Court in Abuja, describing his decision to proceed with the case despite an earlier appellate court order as a serious violation of judicial procedure.
Court of Appeal Faults Lower Court’s Decision
The appellate court said Justice Lifu ignored a May 22 order that instructed him to suspend all proceedings in the matter.
According to the panel:
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.”
The court further referenced an existing Supreme Court precedent, describing the action as judicial misconduct.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence.”
The panel added that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.”
Court of Appeal Grants Stay of Execution
The judges emphasised their constitutional responsibility to protect the integrity of the judiciary and ensure lower courts comply with superior court orders.
The panel ruled:
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed.”
INEC Says It Learnt of Judgment Through Media Reports
During proceedings, INEC disclosed that it was unaware the Federal High Court had delivered its judgment.
INEC’s lead counsel, Haliru Mohammed, told the court that the commission only discovered the ruling through media reports.
“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media.”
He said INEC did not oppose the application to stay the judgment and supported the notice of appeal filed by the affected political parties.
ADC Counsel Raises Concerns
Counsel to the ADC, Shuaibu Aruwa (SAN), informed the court that the party received notice of the judgment through WhatsApp, a revelation that reportedly drew reactions from the appellate judges.
Aruwa urged the court to take disciplinary action.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button.”
He added:
“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity.”
Parties Warned of Potential Electoral Crisis
The affected political parties also alerted the court to the June 20 by-elections scheduled across six states, warning that allowing the deregistration order to stand could trigger constitutional and electoral complications nationwide.
Five Political Parties Remain Registered
The Federal High Court had earlier ordered INEC to deregister the following parties:
- African Democratic Congress (ADC)
- Action Peoples Party (APP)
- Action Alliance (AA)
- Accord Party
- Zenith Labour Party (ZLP)
The lower court held that the parties failed to satisfy constitutional requirements for continued existence and participation in future elections.
However, following Tuesday’s ruling, all five parties will remain officially registered pending the final determination of their appeals.
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