The Court of Appeal in Abuja has stayed the execution of a Federal High Court judgment directing 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 faulted the conduct of Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver the judgment despite an earlier order of the appellate court directing him to suspend further action in the matter.
The appellate court described the judge’s action as a blatant disregard for the hierarchy of courts and the provisions of the Constitution.
“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 courts and the 1999 Constitution,” the panel held.
Citing Supreme Court authorities, the court further characterised the action as “the highest form of judicial impertinence,” noting that such conduct had previously been described by the apex court as judicial rascality.
The court stressed its responsibility to preserve the integrity of the judicial system and enforce compliance with its orders.
“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,” the panel ruled.
Earlier, INEC informed the court that it was surprised by the delivery of the judgment, stating that it only became aware of the ruling through media reports and received no official notification from the trial court.
INEC’s lead counsel, Haliru Mohammed, said the commission was aware of the Court of Appeal’s May 22 order restraining the lower court from delivering the judgment, which had initially been scheduled for June 5.
“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. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” he told the court.
The electoral commission also supported the notice of appeal filed by the affected political parties.
Counsel to the ADC, Shuaibu Aruwa (SAN), disclosed that Justice Lifu communicated the judgment date to the party via WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Aruwa described the trial court’s conduct as an invitation to anarchy and urged the Court of Appeal to take disciplinary action against the judge.
“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 submitted.
He further urged the appellate court to exercise its constitutional powers to protect the integrity of the judiciary by immediately suspending the judgment.
Other affected parties also warned that allowing the judgment to stand could disrupt the conduct of the June 20 by-elections in six states and trigger wider electoral and constitutional complications.
Justice Lifu had earlier ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP), holding that they failed to meet constitutional requirements for continued registration and participation in future elections.
However, following Tuesday’s ruling by the Court of Appeal, the five political parties will remain registered pending the determination of their appeals.
