Following the Court of Appeal’s decision to reverse the deregistration of the African Democratic Congress (ADC) and four other parties on Monday, ADC National Chairman Senator David Mark stated the judiciary is on trial and warned the Federal Government against political manipulation.
Stakeholders also called for sanctions against Justice Peter Lifu for flouting a superior court order, as the ADC assures supporters they will remain on the ballot.
Political parties and stakeholders affected by the Federal High Court’s controversial deregistration order welcomed the Court of Appeal’s decision to stay the execution of the judgment.
The Court of Appeal in Abuja had on Tuesday ordered a stay of execution of the judgment that directed the Independent National Electoral Commission to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, while delivering a stinging rebuke to Justice Lifu for flouting a May 22 appellate court order restraining him from delivering the ruling.
In a unanimous decision on Tuesday, a three-member panel led by Justice A. B. Mohammed condemned Justice 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.
“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.
The Federal High Court in Abuja, presided over by Justice Lifu, had on Monday ordered INEC to deregister the ADC, Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party, ruling that the five parties failed to meet the constitutional performance thresholds under Section 225A of the 1999 Constitution, specifically, requirements related to securing at least 25 per cent of votes in certain states or winning seats in the 2023 general elections.
Earlier in Tuesday’s proceedings, INEC told the appellate 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 to 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.
“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.
Reacting to the appellate court’s decision, the ADC’s National Publicity Secretary, Bolaji Abdullahi, said the ruling offered a measure of hope for the judiciary’s credibility, though he was careful not to celebrate unreservedly.
“It indicates that the judiciary may still redeem itself. We are cautiously delighted but we insist that it shouldn’t have happened in the first place,” Abdullahi said in a telephone interview.
He called on the National Judicial Council to take urgent steps to rid the bench of judges whose conduct brought the institution into disrepute.
“We, therefore, hope that the judicial council will take urgent steps to purge the bench of judges who bring the judicial institution to disrepute,” he said.
The National Leader of the Action Peoples Party, Ikenga Ugochinyere, was more emphatic in his welcome of the ruling, describing it as a vindication of the party’s position from the outset and calling on the NJC to weed out what he termed controversial judges.
“There was no need to panic in the first place, and, so, this ruling is a vindication of our position from the get-go,” Ugochinyere said.
“We call on the NJC to weed out controversial justices who say one thing in the morning and another in the evening. These are the bad eggs giving the judiciary a bad name,” he added.
Ugochinyere raised broader concerns about public confidence in the justice system, warning that judicial inconsistency was eroding citizens’ respect for court pronouncements.
“Court pronouncements are supposed to be respected by citizens, particularly because they come from institutions established by law. But when people begin to hide behind technicalities, it raises concerns about the integrity of those institutions.
“How do we expect citizens to obey court judgments when many people no longer see justice as blind, but rather as something influenced by individuals and personal interests? That is the challenge before us,” the APP leader added.
He also noted that the controversy surrounding Justice Lifu’s ruling had sparked frustration across the country, with some of the anger directed at the presidency.
“This situation has generated a lot of reactions across the country. Many people are directing their frustrations at the President. Perhaps there is a need for greater clarity so that Nigerians understand exactly what is happening,” Ugochinyere said.
He nevertheless described Tuesday’s outcome as a victory for democracy and the rule of law.
“What happened today (Tuesday) is a victory, not just for democracy, but for the rule of law. We are happy because the courts have once again demonstrated their relevance in our democratic process,” he said.
The former Vice President, Atiku Abubakar also criticised what he described as judicial contradictions in the ongoing legal dispute, warning that such developments had placed the judiciary under intense public scrutiny.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny. As ADC National Chairman, Sen. David Mark, rightly observed, the judiciary itself is now on trial,” Atiku said.
He warned against any attempt to weaponise the courts against Nigeria’s democratic institutions.
“Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice,” he said.
Following the judgment given by Justice Lifu, the National Judicial Council has been urged to investigate Justice Peter Lifu over his decision to deliver judgment in a case that was already before the Court of Appeal.
The civil society organisation, Tap Initiative for FOR Citizens’ Development, on Tuesday in a statement called on the leadership of the judiciary to immediately investigate Justice Lifu over the judgment.
The call follows concerns over the alleged disregard for the hierarchy of courts and implications such actions could have on the judiciary and Nigeria’s democracy as the country moves closer to the 2027 general elections.
Justice Lifu had on Monday ordered the Independent National Electoral Commission to deregister five political parties over their alleged breach of Section 225(A) of the Constitution.
However, the judgment was reportedly delivered despite an order staying proceedings issued by the Abuja Division of the Court of Appeal on May 22.
The decision has since attracted criticism from several quarters, with critics accusing the judge of undermining democratic principles.
In a statement signed by its Executive Director, Mbasekei Martin Obono, the group urged the NJC to, among other things, “Determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay;
“Examine possible breaches of the judicial code of conduct; Take appropriate disciplinary action if misconduct is established; and
Reaffirm the authority of appellate courts and the supremacy of due process within the judiciary”.
The group recalled that the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, had consistently emphasised the need for accountability, discipline and ethical conduct within the judiciary.
It disclosed that it had formally petitioned the CJN, in her capacity as Chairman of the NJC, seeking an investigation and possible disciplinary action against Justice Lifu.
According to the group, the petition presents an opportunity to reinforce the principles of accountability and demonstrate that judicial independence is not incompatible with responsibility.
“Tap Initiative expresses grave concern that at the time the said judgement was delivered, there were subsisting appellate proceedings before the Court of Appeal in respect of the same subject matter in Appeal No. CA/ABJ/CV/569/2026. Furthermore, the Court of Appeal had issued an Enrolment Order expressly granting a stay of proceedings in Suit No. FHC/ABJ/CS/2637/2025, being the very proceedings in which the Federal High Court subsequently proceeded to deliver judgment.
“This development raises profound constitutional and procedural concerns, as it appears that a valid order of stay and active appellate proceedings were in force at the material time. If established, this situation would constitute a serious affront to the doctrine of judicial hierarchy and the supervisory jurisdiction of the Court of Appeal within Nigeria’s constitutional order.
“Tap Initiative emphasizes that the integrity of Nigeria’s justice system depends fundamentally on strict adherence to judicial hierarchy, procedural discipline, and respect for appellate authority. Any deviation from these principles risks creating conflicting judicial outcomes, eroding legal certainty, and undermining public confidence in the courts”, he said.
The group stressed that the judiciary remains the last hope of the common citizen, arguing that its legitimacy is sustained not only by constitutional authority but also by unwavering public confidence in its fairness, discipline and respect for the rule of law.
It therefore called on the NJC to treat the matter with the urgency and seriousness it deserves in the interest of justice, democracy and national stability.
Meanwhile, the National Chairman of the African Democratic Congress, Senator David Mark, on Tuesday declared that the Nigerian judiciary, rather than the opposition party, is the institution facing scrutiny over the controversy surrounding the deregistration of the ADC and four other political parties.
Speaking at the ADC Strategic Communications Retreat in Abuja, the former Senate President accused the judiciary of actions capable of undermining public confidence in the nation’s democratic process, while questioning the conduct of Justice Peter Lifu in matters relating to the party.
According to Mark, the outcome of the controversy will test the credibility of the judiciary and the ability of the National Judicial Council to address concerns arising from the case.
“The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council is going to handle this precarious situation,” he said.
The ADC chairman expressed concern over what he described as unprecedented judicial actions, alleging that Justice Lifu ignored an order of the Court of Appeal directing a stay of proceedings in the matter.
He said it was difficult to comprehend how a judge could be involved in actions that appeared to contradict existing court directives.
Mark further alleged that the judge issued conflicting decisions regarding the status of the party within a short period.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and in less than 24 hours put the same party on trial,” he said.
The remarks come amid growing political tension over recent legal challenges affecting opposition parties ahead of preparations for the next electoral cycle.
Despite the legal setback, Mark urged party members not to lose confidence in the ADC, insisting that the party would emerge stronger from the dispute.
“Like I have said previously, our members should not worry about the shenanigans of the ruling party. We will go through all these turbulence because we are up to the task. By the time we are through all these, ADC will come out stronger,” he stated.
The former Senate President also accused the ruling All Progressives Congress APC of attempting to weaken opposition forces through distractions, claiming that the governing party was struggling to defend its record in office.
He alleged that the President Bola Tinubu-led government is diverting attention from its challenges by targeting opposition platforms.
Addressing party communicators at the retreat, Mark charged them to craft messages capable of expanding the ADC’s appeal across political divides, including among members of the ruling party.
He challenged the communications team to develop persuasive narratives that would attract more Nigerians to the ADC project. – Punch.
