The Court of Appeal in Abuja has suspended the enforcement of 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 of the appellate court, led by Justice A. B. Mohammed, granted a stay of execution of the lower court’s judgment, allowing the affected parties to remain registered while their appeals are determined.
The appellate court strongly criticised the conduct of Justice Peter Lifu of the Federal High Court, accusing him of proceeding with the judgment despite an earlier order from the Court of Appeal directing him to halt further action in the case.
According to the panel, the trial court’s decision to deliver the judgment after the appellate court had ordered a suspension of proceedings amounted to a serious violation of judicial hierarchy and constitutional principles.
“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 panel held.
The court further described the action as “the highest form of judicial impertinence,” citing a Supreme Court precedent which characterised such conduct as judicial rascality and evidence that a judge who acts in that manner is unfit for the bench.
Emphasising its supervisory authority over lower courts, the appellate court said it was necessary to protect the integrity of the judiciary and ensure compliance with its orders.
“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.
During the proceedings, INEC informed the court that it was surprised by the delivery of the judgment, stating that it became aware of the ruling only through media reports.
Counsel to the electoral commission, Haliru Mohammed, said INEC had been aware of the Court of Appeal’s May 22 directive restraining the lower court from delivering the judgment, which had initially been fixed for June 5.
He told the panel that the commission did not receive any official notification regarding a new date for the judgment and therefore had no objection to the application seeking a stay of execution.
Mohammed also indicated that INEC supported the notice of appeal filed by the affected political parties.
Representing the ADC, Shuaibu Aruwa, a Senior Advocate of Nigeria, told the court that Justice Lifu notified the party of the judgment through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Aruwa argued that the trial judge’s actions could undermine confidence in the judicial system and urged the Court of Appeal to take disciplinary measures under constitutional provisions.
He described the situation as one requiring urgent intervention to preserve the authority and integrity of the courts.
Lawyers representing the other affected parties also warned that the judgment could trigger electoral complications, particularly with by-elections scheduled for June 20 across six states.
They argued that allowing the ruling to take effect before the appeals were heard could create constitutional and political uncertainty.
Justice Lifu had earlier ordered INEC to deregister five political parties – ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP) – on the grounds that they failed to satisfy constitutional requirements necessary for continued participation in Nigeria’s electoral process.
However, with the latest order from the Court of Appeal, the five parties will continue to enjoy their legal status as registered political parties until the appellate process is concluded.
