BREAKING: APPEAL COURT STOPS DEREGISTRATION OF ADC, FOUR OTHER PARTIES

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By ‘Sefiu Ajape

The Court of Appeal in Abuja has ordered a stay of execution of the judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

In a unanimous decision delivered on Tuesday, a three-member panel led by Justice A. B. Mohammed faulted Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the case despite an earlier order of the appellate court directing him to suspend proceedings.

“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 further invoked a Supreme Court precedent in condemning the conduct of the trial judge.

“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 stressed that it had a responsibility to protect the integrity of the judicial system 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, INEC informed the court that it was surprised by Justice Lifu’s decision to deliver the judgment, noting that the commission only became aware of the ruling through media reports.

INEC’s lead counsel, Mr. Haliru Mohammed, told the panel that the commission was aware of the Court of Appeal’s May 22 order restraining the lower court from delivering the 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 submitted.

The electoral commission also aligned itself with the notice of appeal filed by the affected political parties.

Counsel for the ADC, Mr. Shuaibu Aruwa (SAN), told the court that Justice Lifu communicated the judgment date to the party through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.

Aruwa described the conduct of the lower court as an invitation to anarchy and urged the appellate court 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 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.

Other affected political parties also drew the court’s attention to the June 20 by-elections scheduled across six states, warning that allowing the judgment to stand could trigger electoral and constitutional crises.

The Federal High Court had ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP), holding that the parties failed to meet constitutional requirements for continued existence and participation in future elections.

However, with Tuesday’s ruling by the Court of Appeal, the five political parties will remain registered pending the determination of their appeals.