BREAKING: Appeal Court Halts Execution of Judgment Deregistering ADC, Others

The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

In an unanimous ruling on Tuesday, a three-member panel of the appellate court led by Justice A. B. Mohammed ordered that the judgment delivered by Justice Peter Lifu remain on hold pending the hearing and determination of the appeal against the decision.

The panel said Lifu’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”

The appellate court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts.

It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”

“Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. 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.

“This court has the duty to invoke its powers in ensuring that its orders are made.

“The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court held.

The move comes after INEC and the affected political parties challenged the judgment, arguing that Justice Lifu proceeded to deliver the verdict despite a subsisting May 22 order of the Court of Appeal said to have halted further proceedings in the matter.

Among the parties affected by the deregistration order are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). Their lawyers had urged the appellate court to grant a stay of execution, warning that implementation of the judgment could disrupt by-elections scheduled to hold in six states on June 20.

At Tuesday’s proceedings before a three-member panel of the appellate court, INEC’s legal team said it was surprised that Justice Lifu delivered the judgment despite an earlier order of the Court of Appeal, which, according to the commission, was meant to halt the delivery of the verdict.

INEC further stated that it was not officially notified of the judgment and only became aware of the ruling through media reports. The commission told the court it was backing the notice of appeal filed by the affected political parties.

“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court, which was initially reserved for delivery on 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.”