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The Court of Appeal sitting in Abuja has ordered a suspension of the Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, delivering a significant legal reprieve for the affected parties.
The appellate court’s decision followed an application by INEC seeking a stay of execution of the Federal High Court judgment which had ordered the deregistration of the ADC alongside four other registered political parties.
The controversy began after Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the deregistration of the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP). The court held that the parties had failed to satisfy the constitutional and electoral requirements necessary to retain their registration with the electoral commission.
However, in a dramatic turn of events, a three-member panel of the Court of Appeal led by Justice A. B. Mohammed on Tuesday intervened and granted INEC’s request for a stay of execution, effectively putting the deregistration order on hold pending the determination of the substantive appeal.
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In a unanimous ruling, the appellate court strongly criticized Justice Lifu for proceeding with the matter despite an earlier directive from the Court of Appeal. The panel noted that it had issued an order on May 22 directing the Federal High Court to suspend proceedings in the case, but the lower court proceeded to deliver judgment regardless.
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The appellate court described the action of the trial judge as a direct challenge to judicial hierarchy and a violation of established legal procedures.
According to the court, Justice Lifu’s conduct amounted to an affront to the authority of the appellate court and undermined the constitutional structure governing the administration of justice in Nigeria.
The panel 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.”
Delivering the ruling, the Court of Appeal emphasized the need for lower courts to respect and comply with orders issued by superior courts, warning that disregard for such directives threatens the integrity of the judicial system.
The 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.
“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 ruling means that the deregistration of the ADC, APP, AA, AP, and ZLP cannot take effect for now, pending the final determination of the appeal. The development has temporarily preserved the legal status of the affected political parties and sets the stage for what could become a landmark judicial pronouncement on the powers of INEC and the procedures governing the deregistration of political parties in Nigeria.
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