The Court of Appeal on Tuesday ordered a stay of execution of a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC), while strongly criticizing the trial judge for defying a previous appellate court order.
The appellate court’s decision came a day after Justice Peter Lifu of the Federal High Court in Abuja ordered INEC to deregister the ADC, Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party, ruling that they failed to meet constitutional performance requirements in the 2023 general elections.
In a unanimous ruling delivered by a three-member panel led by Justice A.B. Mohammed, the Court of Appeal condemned Lifu for proceeding with the judgment despite a May 22 order directing him to suspend proceedings pending the determination of an appeal.
“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 said.
The court described the action as “the highest form of judicial impertinence” and cited a Supreme Court precedent that characterized such conduct as “judicial rascality.”
The appellate court granted the application for a stay of execution and suspended enforcement of the Federal High Court judgment.
INEC, through its lead counsel, Haliru Mohammed, told the court it learned of the judgment through media reports and had received no official notification of its delivery. The commission said it did not oppose the application for a stay and aligned itself with the appeal filed by the affected parties.
ADC counsel Shuaibu Aruwa, a Senior Advocate of Nigeria, told the court that notification of the judgment had been sent to the party via WhatsApp. He urged the appellate court to take disciplinary action against the judge, arguing that the ruling undermined judicial order and due process.
The decision was welcomed by political parties and stakeholders affected by the deregistration order.
ADC National Publicity Secretary Bolaji Abdullahi described the ruling as a sign that the judiciary could still redeem its credibility, while calling on the National Judicial Council (NJC) to address misconduct within the judiciary.
Action Peoples Party National Leader Ikenga Ugochinyere said the ruling vindicated the party’s position and urged the NJC to sanction judges whose actions undermine public confidence in the courts.
Former Vice President Atiku Abubakar, the ADC’s presidential candidate, also welcomed the decision, noting that INEC itself sought the stay of execution.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny,” Atiku said in a statement.
Civil society group Tap Initiative for Citizens’ Development also called on the NJC to investigate Justice Lifu. In a petition submitted to Chief Justice of Nigeria Kudirat Kekere-Ekun, who chairs the NJC, the organization urged the council to determine whether the judge disregarded a subsisting appellate court order and to take disciplinary action if misconduct is established.
The group said adherence to judicial hierarchy and appellate authority is essential to maintaining public confidence in the justice system.
Speaking at an ADC Strategic Communications Retreat in Abuja, ADC National Chairman David Mark said the controversy had shifted scrutiny from the opposition party to the judiciary itself.
“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,” Mark said.
The former Senate president accused the judiciary of actions capable of undermining public confidence in democracy and alleged that the ruling All Progressives Congress was attempting to weaken opposition parties ahead of future elections.
Despite the legal dispute, Mark urged party members to remain confident, saying the ADC would emerge stronger from the controversy.
The case has intensified debate over judicial accountability and the role of the courts as political parties prepare for the next electoral cycle.
