The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties, delivering a major reprieve to the affected parties and a sharp rebuke to the trial judge.
In a unanimous ruling yesterday, a three-member panel led by Justice A.B. Mohammed granted a stay of execution of the judgment delivered by Justice Peter Lifu, of the Federal High Court, Abuja, which had directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court held that Justice Lifu acted in defiance of an earlier order issued on May 22 directing him to suspend proceedings in the matter pending the determination of appeals before the higher court.
Describing the lower court’s conduct as “the highest form of judicial impertinence,” the Court of Appeal said the decision to proceed with the judgment despite a subsisting appellate order amounted to a brazen violation of the constitutional hierarchy of courts.
The panel stressed that courts must protect the integrity of the judicial system, noting that the appellate court possesses supervisory authority over lower courts. It further recalled previous Supreme Court pronouncements that a judge who disregards orders of a superior court is “unfit for the bench” and guilty of “judicial rascality”.
The ruling followed applications by INEC and the affected political parties seeking an immediate suspension of the judgment pending the hearing of their appeals.
Earlier, INEC, represented by Halliru Mohammed, told the appellate court that it was caught off guard by Justice Lifu’s decision, insisting that it was never formally notified of the judgment date and only became aware of it through media reports. The Electoral Commission argued that the judgment was delivered despite an existing appellate order restraining further proceedings and urged the court to preserve the status quo until the substantive appeals are determined.
Counsel to the ADC, Shu’aibu Aruwa (SAN), also faulted the judgment, alleging that notice of the ruling was merely transmitted to his client through WhatsApp. He described the decision as an affront to judicial hierarchy and warned that allowing it to stand could undermine public confidence in the administration of justice.
The affected parties further argued that immediate enforcement of the judgment could create serious electoral complications, particularly as INEC prepares to conduct by-elections in six states on June 20. They warned of potential constitutional and electoral crises if the parties were excluded from the electoral process before the appeals are determined.
Justice Lifu had ruled that the five parties no longer satisfied constitutional requirements for continued registration and consequently ordered INEC to deregister them. The judgment also barred the electoral commission from recognising the parties, accepting their candidates, or allowing them to participate in preparations for the 2027 general elections.
However, with the Court of Appeal’s intervention, the deregistration order has now been put on hold pending the determination of the substantive appeals, allowing the affected parties to retain their legal status for the time being.
