The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the deregistration of five political parties, including the African Democratic Party (ADC), delivering a stinging rebuke to the trial judge for what it described as a blatant disregard for judicial hierarchy.
In a ruling that could significantly alter Nigeria’s political landscape ahead of future elections, the appellate court granted a stay of execution of the judgment delivered by Justice Peter Lifu, which had directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Party (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The Court of Appeal faulted the decision of the lower court to proceed with the matter despite an earlier order from the appellate court and the fact that issues relating to the case were already pending before it.
Delivering the ruling, the panel of justices described the action of the trial judge as a direct affront to the authority of the appellate court and the constitutional hierarchy of courts in Nigeria.
The court held that Justice Lifu exhibited what it termed “judicial rascality” by proceeding to hear and determine the matter despite the existence of a subsisting order from the Court of Appeal.
According to the appellate court, the conduct amounted to “the highest form of judicial impertinence.”
The justices further noted that the Supreme Court had previously held that any judge who acted in such a manner was “unfit for the bench as it amounts to judicial rascality.”
Explaining its decision, the appellate court stated: “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.”
The court added that it had a duty to ensure that its orders were respected and enforced by lower courts.
“This court has the duty to invoke its powers in ensuring that its orders are made. The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court ruled.
The development effectively halts any immediate move by INEC to implement the Federal High Court’s order pending the determination of the substantive appeal.
Justice Lifu had earlier ruled that the five political parties failed to meet constitutional requirements necessary for their continued existence as registered political parties in Nigeria. Based on that finding, the court ordered INEC to proceed with their deregistration and bar them from participating in future electoral contests.
However, the Court of Appeal’s intervention means that the status of the affected parties remains unchanged for now, preserving their legal recognition and political activities until the appellate process is concluded.
