The Court of Appeal in Abuja has suspended the enforcement of a controversial judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, delivering a stinging rebuke to the Federal High Court judge who issued the ruling.
In a unanimous decision delivered on Tuesday, a three-member panel headed by Justice A.B. Mohammed granted a stay of execution on the judgment and accused Justice Peter Lifu of the Federal High Court of committing what it described as one of the most serious forms of judicial misconduct.
The appellate court faulted Justice Lifu for proceeding to deliver the judgment despite an earlier order issued on May 22 directing him to halt further proceedings in the matter.
“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 courts and the 1999 Constitution, the panel held.
The judges went further, invoking Supreme Court precedents to condemn the conduct of the trial judge.
According to the court, proceeding in defiance of a superior court order amounted to “the highest form of judicial impertinence,” adding that the Supreme Court had previously ruled that a judge acting in such a manner was “unfit for the bench” because such behaviour constituted judicial rascality.
The panel stressed that it had a constitutional responsibility to preserve the integrity of the judicial system and ensure that lower courts obey directives from superior courts.
“This court has supervisory authority over the trial court. We have a duty to ensure our orders are obeyed. Accordingly, the application for stay of execution is granted, and the enforcement of the judgment is hereby suspended,” the court ruled.
INEC Learnt of Judgment Through Media Reports
During the hearing, INEC disclosed that it was shocked by the Federal High Court’s decision and only became aware of the judgment through media reports rather than through official communication from the court.
INEC’s lead counsel, Haliru Mohammed, informed the appellate court that the commission had knowledge of the May 22 order restraining the lower court from delivering its verdict, which had originally been scheduled for June 5.
We received no official notice regarding the delivery of the judgment. We only saw it as breaking news in the media. Therefore, we do not oppose the application seeking a stay of execution, Mohammed told the court.
He added that the electoral commission supported the notices of appeal filed by the affected political parties.
ADC Lawyer Says Judgment Notice Came Via WhatsApp
Counsel to the ADC, Senior Advocate of Nigeria Shuaibu Aruwa, disclosed that Justice Lifu communicated the delivery of the judgment to the party through WhatsApp, a revelation that reportedly drew visible reactions from members of the appellate panel.
Aruwa argued that the actions of the trial judge amounted to an invitation to anarchy and urged the Court of Appeal to invoke its disciplinary powers under Section 6 of the 1999 Constitution.
“The conduct of the trial judge calls for swift and extraordinary measures. We have reached a stage where this court must press the reset button,” he submitted.
He further urged the appellate court to immediately suspend the judgment and take steps to protect the integrity of the judiciary.
Parties Warned of Constitutional Crisis Ahead of By-Elections
Lawyers representing the other affected political parties also alerted the court to the implications of the ruling, especially with by-elections scheduled to hold on June 20 across six states.
They warned that allowing the judgment to stand could trigger electoral confusion and constitutional crises across the country.
Justice Lifu had earlier ordered INEC to deregister the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), ruling that the parties failed to satisfy constitutional requirements for continued existence and participation in elections.
However, with the Court of Appeal’s latest decision, the five parties will remain recognised by INEC pending the determination of their appeals.
The ruling represents a major reprieve for the affected parties and sets the stage for a legal battle that could have far-reaching implications for Nigeria’s political landscape ahead of the 2027 general elections.
