The Court of Appeal in Abuja has ordered a stay of execution of the judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous decision on Tuesday, a three-member panel led by Justice A. B. Mohammed condemned Justice Peter Lifu of the Federal High Court in Abuja for flouting a May 22 order that directed him to suspend proceedings before him, describing his conduct as the gravest form of judicial misconduct.
“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 panel held.
The appellate court went further, invoking a Supreme Court precedent to characterise Justice Lifu’s conduct in the harshest terms available to it.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” the panel declared, adding that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.”
The court said it had a duty to assert its supervisory authority over lower courts and protect the integrity of the judicial hierarchy.
“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 in the proceedings, INEC told the court it was stunned by Justice Lifu’s decision to deliver the judgment, disclosing that the commission only learned of the ruling through media reports rather than any official notification.
INEC’s lead counsel, Mr Haliru Mohammed, told the panel that the commission had been aware of the appellate court’s May 22 order restraining the lower court from delivering the judgment, which had originally been reserved 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,” Mohammed submitted.
The commission also aligned itself with the notice of appeal filed by the affected political parties.
Counsel for the ADC, Mr Shuaibu Aruwa, SAN, told the court that Justice Lifu communicated the judgment’s delivery to the party via WhatsApp, a disclosure that drew visible reactions from the bench.
Aruwa described the lower court’s conduct as an invitation to anarchy and urged the appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution to sanction 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,” Aruwa submitted.
“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay,” he added.
The other affected parties also drew the panel’s attention to the June 20 by-elections scheduled across six states, warning that allowing the judgment to stand would trigger serious electoral and constitutional crises nationwide.
The Federal High Court had ordered INEC to deregister the ADC alongside the Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, holding that the five parties failed to meet the constitutional requirements for continued existence and participation in future elections.
With Tuesday’s appellate court order, the five parties remain registered pending the determination of their appeals.
