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The court of appeal in Abuja has stayed the execution of a federal high court judgement directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling on Tuesday, a three-member panel led by Abba Mohammed held that Peter Lifu, a federal high court judge, acted in disregard of an earlier order of the appellate court when he proceeded to deliver the judgement.
The panel said the lower court had been directed on May 22 to stay proceedings in the matter pending the determination of appeals filed before the court of appeal.
According to the appellate court, Lifu proceeded with the case despite being aware of the subsisting order.
The court described the action as a violation of the judicial hierarchy and an affront to the authority of the appellate court.
“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 judgement despite the express order of this court is a brazen violation of the hierarchy of courts and the 1999 Constitution,” Mohammed said.
“This court has the duty to invoke its powers to ensure that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgement is stayed.”
The panel added that proceeding with the judgement in the face of a stay order amounted to “the highest form of judicial impertinence”.
Mohammed noted that the apex court had previously held that a judge who acts in such a manner is “unfit for the bench” because such conduct amounts to “judicial rascality”.
The appellate court subsequently granted the application seeking a stay of execution of the judgement and fixed June 25 for the hearing of the appeals.
The appellants were directed to file their processes within three days, while the respondents were given two days to respond.
On Monday, the federal high court had ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The judge held that the parties failed to meet the constitutional requirements for continued registration and participation in elections.
He also restrained INEC from recognising the parties, accepting nominations from them, or permitting them to participate in the 2027 general election.
The judgement followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties no longer met the constitutional thresholds required to retain their registration.
