The Court of Appeal sitting in Abuja has ordered a stay of execution on the 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 led by Justice A. B. Mohammed strongly criticised Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the judgment despite an earlier order of the appellate court restraining further action in the matter.
The panel described the lower court’s decision as a serious breach of judicial discipline and disregard for the hierarchy of courts.
“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 court held.
Relying on established Supreme Court precedents, the appellate court further described the action of the trial judge in strong terms, stating that it amounted to judicial misconduct.
“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 such conduct had previously been described by the Supreme Court as rendering a judge “unfit for the bench as it amounts to judicial rascality.”
The court emphasised its duty to protect the integrity of the judiciary and enforce compliance with its orders.
“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 expressed surprise at the Federal High Court’s decision, stating that it became aware of the judgment through media reports rather than official communication.
INEC counsel, Haliru Mohammed, told the court that the commission was already aware of the appellate court’s May 22 order restraining the lower court from delivering 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 for stay of execution,” he said.
The commission also aligned itself with the appeals filed by the affected political parties.
Counsel for the ADC, Senior Advocate of Nigeria Shuaibu Aruwa, told the court that the judgment was communicated to the party informally via WhatsApp, a disclosure that drew reactions from the panel.
He described the lower court’s actions as a threat to judicial order and urged the Court of Appeal to invoke its disciplinary powers under Section 6 of the 1999 Constitution.
“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 said.
He further urged the court to suspend the effect of the judgment immediately, warning that failure to do so could create institutional and electoral instability.
Other political parties affected by the judgment also warned that enforcement could disrupt the upcoming June 20 by-elections across six states and trigger wider constitutional and electoral complications.
The Federal High Court had earlier ordered INEC to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party, holding that they failed to meet the constitutional requirements for continued registration and participation in elections.
With Tuesday’s ruling, the Court of Appeal has effectively suspended the enforcement of the deregistration order, allowing all five parties to remain registered pending the determination of the substantive appeals.
