The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Congress (ADC), pending the determination of appeals filed against the ruling.
In a unanimous judgment delivered on Tuesday, a three-member appellate panel headed by Justice A. B. Mohammed strongly criticised the decision of the trial judge, Justice Peter Lifu, for proceeding to deliver judgment despite an earlier directive from the appellate court ordering a halt to further proceedings in the matter.
“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 expressed even stronger disapproval while citing previous pronouncements of the Supreme Court on judicial conduct, describing the trial court’s action as a direct affront to the authority of superior courts.
“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 appellate court stressed that preserving the authority and integrity of the judicial system required strict obedience to orders issued by higher courts.
“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.
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During the proceedings, the Independent National Electoral Commission (INEC) informed the court that it was surprised by the delivery of the Federal High Court judgment and only became aware of it through media reports.
Representing the electoral commission, Mr. Haliru Mohammed told the court that INEC had knowledge of the Court of Appeal’s earlier directive restraining the lower court from taking further steps in the matter and therefore did not oppose the application seeking a stay of execution.
“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.
INEC also indicated support for the appeals lodged by the affected political parties.
Counsel to the ADC, Mr. Shuaibu Aruwa (SAN), further informed the court that notice of the judgment had allegedly been communicated to his client through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Arguing that the conduct of the trial court threatened judicial order, Aruwa urged the appellate court to take decisive action.
“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.
Lawyers representing the other affected parties also warned that implementation of the deregistration order could create significant electoral complications, particularly with by-elections scheduled to take place in six states on June 20.
The controversy arose after Justice Lifu of the Federal High Court ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), ruling that the parties had failed to satisfy constitutional and electoral requirements necessary for continued participation in Nigeria’s political process.
However, with the latest ruling of the Court of Appeal, the five political parties will retain their legal status and remain eligible to participate in electoral activities until the substantive appeals are heard and determined.
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