Appeal court has stopped INEC from deregistering ADC and four other political parties.
NewsOnline Nigeria reports that the Court of Appeal 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 of the appellate court led by Justice A. B. Mohammed strongly criticised the decision of Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the case despite an earlier order directing him to halt further action.
The appellate court described the trial judge’s conduct as a serious violation of judicial hierarchy and constitutional principles.
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“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 court further cited a Supreme Court precedent, describing the action as “the highest form of judicial impertinence” and judicial misconduct.
According to the panel, lower courts are bound by the orders of superior courts and must not act in ways that undermine the authority of the judicial system.
“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 court ruled.
INEC Says It Learnt of Judgment Through Media Reports
During the proceedings, counsel to INEC, Haliru Mohammed, informed the appellate court that the electoral commission was surprised by the judgment and only became aware of it through media reports.
He explained that INEC was already aware of the Court of Appeal’s May 22 order restraining the Federal High Court from delivering its judgment, which had initially been scheduled 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 told the court.
INEC also indicated its support for the appeal filed by the affected political parties.
ADC Raises Concerns Over Judgment Delivery
Counsel for the ADC, Shuaibu Aruwa (SAN), told the court that notification of the judgment was allegedly communicated to the party through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Aruwa urged the Court of Appeal to take firm action, describing the conduct of the trial court as a threat to judicial order and constitutional governance.
“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,” he submitted.
He further urged the court to suspend the judgment immediately in order to preserve the integrity of the judicial system.
Parties Warn of Electoral Crisis
Lawyers representing the affected political parties also warned that allowing the judgment to stand could create serious electoral complications, particularly ahead of by-elections scheduled to hold in six states on June 20.
They argued that the deregistration of the parties at this stage could trigger constitutional and electoral uncertainty across the country.
Recall that Justice Peter Lifu of the Federal High Court had earlier ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
The court held that the parties had failed to meet constitutional requirements necessary for their continued existence and participation in future elections.
However, with the Court of Appeal granting a stay of execution, the five political parties will remain registered and eligible to participate in electoral activities pending the final determination of their appeals.
The appellate court’s decision effectively preserves the status quo while the legal battle over the parties’ registration continues.
