Court of Appeal sitting in Abuja has ordered a stay of execution of the 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 decision of Justice Peter Lifu of the Federal High Court for proceeding to deliver judgment despite an earlier Court of Appeal order on May 22 directing him to suspend proceedings.
“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 appellate court held.
The panel further described the action as “the highest form of judicial impertinence,” citing a Supreme Court precedent that such conduct amounts to “judicial rascality.”
The court stressed its responsibility to uphold the authority of higher courts and protect the integrity of the judiciary.
“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.”
INEC, through its counsel, Haliru Mohammed, told the court it was unaware the judgment had been delivered and only learned of it through media reports. The commission said it did not oppose the application for a stay of execution and aligned itself with the appeals filed by the affected political parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), told the court that Justice Lifu communicated the judgment date via WhatsApp and urged the appellate court to take disciplinary action against the judge, describing the development as an invitation to anarchy.
The affected parties also warned that allowing the judgment to stand could create electoral and constitutional crises ahead of the June 20 by-elections in six states.
The Federal High Court had ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP), ruling that they failed to meet constitutional requirements for continued existence.
With the Court of Appeal’s latest order, all five parties remain registered pending the determination of their appeals.
Appeal Court orders Stay of execution deregistering ADC, Four other Parties
