By …Describes Trial Court’s Action as “Judicial Impertinence” and “Rascality”
…INEC Backs Stay of Execution, Says It Learnt of Judgment Through Media Reports
The Court of Appeal sitting in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC), pending the determination of appeals challenging the decision.
In a ruling delivered on Tuesday, the appellate court granted a stay of execution of the judgment handed down by Justice Peter Lifu of the Federal High Court, Abuja, which had directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal, while granting the application, strongly criticised the conduct of the trial judge, accusing him of proceeding with the delivery of judgment despite an existing order of the appellate court restraining such action.
The panel of justices described the development as “the highest form of judicial impertinence,” stating that Justice Lifu acted in disregard of the authority of a superior court and the established hierarchy of the judiciary.
According to the appellate court, the lower court’s decision to proceed with the judgment while the matter was pending before the Court of Appeal amounted to a brazen violation of judicial procedure and constitutional order.
The court further noted that the Supreme Court had previously held that a judicial officer who acts in such a manner demonstrates conduct amounting to judicial rascality and is unfit for the bench.
“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 courts and the Constitution,” the appellate panel held.
It subsequently ordered that the enforcement of the judgment be stayed pending the hearing and determination of the substantive appeals filed by the affected political parties.
During the proceedings, counsel to INEC, Haliru Mohammed, informed the court that the electoral commission supported the application for a stay of execution.
Mohammed said the commission was aware of an earlier order issued by the Court of Appeal on May 22 restraining the delivery of the judgment, which had initially been scheduled for June 5.
He told the court that INEC was neither notified of a new date for the judgment nor informed that the ruling would be delivered, adding that the commission only became aware of the development through media reports.
According to him, INEC therefore had no objection to the application seeking to suspend the enforcement of the judgment pending the appeal.
Also addressing the court, counsel to the ADC, Senior Advocate of Nigeria, Shuaibu Aruwa, alleged that the party was informed of the judgment through a WhatsApp message from the trial court.
Aruwa argued that Justice Lifu’s action amounted to a direct challenge to the authority of the Court of Appeal and urged the appellate court to take decisive measures to preserve the sanctity of the judicial process.
Lawyers representing the affected political parties further warned that failure to suspend the judgment could create uncertainty ahead of scheduled by-elections in several states and potentially disrupt preparations for future electoral activities.
The controversy arose from a suit instituted by the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to satisfy constitutional and statutory requirements necessary for their continued registration.
Justice Lifu had ruled that the parties failed to meet the electoral performance benchmarks stipulated under Section 225A of the Constitution and relevant provisions of the Electoral Act 2022, thereby ordering their deregistration and barring them from participating in future elections.
With the Court of Appeal’s intervention, however, the deregistration order has been put on hold, allowing the affected parties to retain their legal status pending the final determination of the appeals.
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