By Jimmy Fatunbi
The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC), Accord Party, Action Alliance, Action Peoples Party, and Zenith Labour Party.
In a unanimous ruling delivered on Tuesday, a three-member panel led by Justice A.B. Mohammed granted a stay of execution of the judgment issued by Justice Peter Lifu of the Federal High Court, Abuja. The appellate court also strongly criticised the trial judge for proceeding with the case despite an earlier order directing him to halt further action.
The court held that Justice Lifu ignored a May 22 order of the appellate court restraining him from delivering judgment in the matter, describing the move as a serious violation of judicial hierarchy and constitutional provisions.
“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 appellate panel ruled.
The judges further cited a Supreme Court precedent, describing the action as “the highest form of judicial impertinence” and noting that such conduct had previously been characterised as judicial rascality.
Emphasising its responsibility to safeguard the integrity of the judiciary, the appellate court said it could not allow its orders to be disregarded.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court and must ensure that its orders are obeyed. Accordingly, the application for stay of execution is granted,” the panel stated.
Justice Lifu had on Monday directed the Independent National Electoral Commission (INEC) to deregister the five political parties, ruling that they failed to satisfy constitutional requirements under Section 225A of the 1999 Constitution. The court held that the parties did not meet the stipulated electoral performance benchmarks during the 2023 general elections.
During Tuesday’s proceedings, INEC informed the Court of Appeal that it was unaware the judgment had been delivered and only learned about it through media reports.
INEC’s lead counsel, Haliru Mohammed, told the court that the commission had expected the lower court to comply with the appellate court’s restraining order and therefore did not oppose the request to suspend the judgment.
“We were not aware of any official notice regarding the delivery of the judgment. We only saw reports of it in the media. Consequently, we do not oppose the application for a stay of execution,” Mohammed said.
The electoral commission also supported the appeal filed by the affected political parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), disclosed that the party received notification of the judgment through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Aruwa described the actions of the trial court as a threat to the judicial process 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. This court must protect its integrity and ensure respect for its authority. We urge the court to immediately suspend the judgment and take appropriate disciplinary steps,” he argued.
With the appellate court’s ruling, the deregistration order remains suspended pending the determination of the substantive appeal.
