AfriPulse
By Idowu Isamotu, Baba Martins, Luka Musa Luka
T he Abuja division of the Court of Appeal, on Tuesday ordered immediate stay of execution on the judgement of the Federal High Court directing the Independent National Electoral Commission (INEC) to deregister African Democratic Congress (ADC) and four other parties.
The appellate court ordered the electoral umpire not to proceed with the deregistration of the parties pending the determination of the substantive suit filed by the affected parties with the judgement of the lower court.
Daily Trust reports that Justice Peter Lifu of the Federal High Court had on Monday ordered the electoral umpire to deregister ADC, Accord, Action Alliance (AA), Action Peoples Party (APP) and Zenith Labour Party (ZLP) over alleged failure to meet constitutional requirements for continued registration.
Justice Lifu barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.
The high court judge also ordered the defendants to stop parading themselves as registered political parties in the country, saying that there was merit in a suit filed against them by the Incorporated Trustees of the National Forum of Former Legislators (NFFL).
The group, in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.
In a unanimous decision yesterday, a three-member panel of the appellate court led by Justice A. B. Mohammed, criticised Justice Lifu for flouting an order it made on May 22, which directed him to suspend proceedings before him.
The appellate court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts, while describing his judgement as “brazen disregard for the higher court and the highest form of judicial impertinence”.
It stressed that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. 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.
“This court has the duty to invoke its powers in ensuring that its orders are made. The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court held.
INEC wants lower court’s judgement upturned
Earlier, the Independent National Electoral Commission asked the appellate court to stay the execution of the judgement that ordered the deregistration of the ADC and four other political parties.
The Commission also threw its weight behind a notice of appeal lodged by the political parties, seeking the upturning of the judgement.
Addressing the three-member panel of the appellate court, the electoral body said it was shocked by the decision of Justice Lifu to deliver the judgement despite an order that stopped him from doing so.
INEC, while making submissions through its team of lawyers led by Haliru Mohammed, said it was not notified that the judgement would be delivered.
According to Mohammed, the electoral body only heard about the court’s decision through media reports.
He said, “My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgement of the lower court, which was initially reserved for delivery on June 5.
“We were not aware of any notice from the court regarding the delivery of the judgement. We only saw it as breaking news in the media.
“We, therefore, do not oppose the application of the appellant to stay the execution of the judgment.”
When contacted by Daily Trust for the commission’s official position on the deregistration order, INEC’s Director of Voter Education and Publicity, Victoria Eta-Messi, said the Court of Appeal had already intervened in the matter.
“It has been reversed by the Appellate Court,” she said in a telephone interview on Tuesday.
Clarifying the implication of the appellate court’s decision, Eta-Messi explained that the court granted a stay of execution of the judgment, effectively suspending its implementation pending further legal action.
“Exactly! It said stay of action. Until I hear from the Commission’s legal team,” she added.
Justice Lifu notified parties via WhatsApp – Lawyers claim
Addressing the appellate court, counsel to the ADC, Shuaibu Aruwa, a Senior Advocate of Nigeria, told the three-man panel of the appellate court that Justice Lifu notified the party of the delivery of the judgement via WhatsApp
While insisting that the decision of the high court was an invitation to anarchy, the senior lawyer urged the appellate court to invoke its powers and sanction Justice Lifu for disrespecting the judicial hierarchy.
“Sincerely, my Lords, a lot has happened to the judiciary and this profession. What the trial judge did was to dare this Court of Appeal by insisting that no one could arrest his judgment, even after his attention was drawn to the stay order from this court.
“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.
“We are calling on this court to exercise disciplinary jurisdiction under Section 6 of the 1999 Constitution, as amended.
“We urge this court to take disciplinary steps by immediately suspending that judgement. This court has the power to protect its own integrity. We pray this court suspends the judgement immediately without further delay,” ADC’s lawyer submitted.
The other parties also drew the attention of the appellate court panel to the fact that on June 20, INEC would conduct by-elections across six states of the federation.
They contended that if the judgement were not stayed, it would create problems across the country, maintaining that the Court of Appeal has inherent powers to act in a supervisory capacity and not allow its orders to be disregarded by lower courts.
NJC urged to probe, sanction high court judge
Meanwhile, the National Judicial Council (NJC) has been called upon to investigate Justice Lifu.
The call, according to a Civil Society Organization, is predicated on the negative impact of the alleged disregard of hierarchy of court on the judiciary and democracy as the nation approaches the 2027 general elections.
A civil society group, Tap Initiative for Citizens’ Development, called on the leadership of the judiciary to commence immediate investigation of Justice Peter Lifu in relation to the judgement.
The group, in a statement signed by its Executive Director, Mbasekei Martin Obono, is requesting the NJC to among others, “determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay;
“Examine possible breaches of the judicial code of conduct; take appropriate disciplinary action if misconduct is established; and reaffirm the authority of appellate courts and the supremacy of due process within the judiciary”.
Stressing that the judiciary remains the last hope of the common citizen, Tap Initiative argued that the judiciary’s legitimacy is sustained not only by constitutional authority but by unwavering public confidence in its fairness, discipline, and respect for the rule of law.
Presidential candidate of the African Democratic Congress (ADC) and former Vice president Atiku Abubakar has welcomed the decision of the Court of Appeal.
Atiku, in a post on his social media platforms argued that the judicial contradictions and “politically charged rulings” has placed the judiciary under intense scrutiny.
Atiku also warned that any attempt to undermine Nigeria’s hard-won democracy will portend danger.
The presidential candidate said, “It is particularly significant that INEC itself initiated the application for the stay, adding that “the disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny”.
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Source: DailyTrust | Read the Full Story…
