Former Senate President and National Chairman of the African Democratic Congress (ADC), Senator David Mark, has accused the Federal Government of attempting to weaken opposition parties and declared that the Nigerian judiciary—not the ADC—is now under public scrutiny following the Court of Appeal’s reversal of the deregistration of the party and four others.
Mark’s remarks came after the Court of Appeal in Abuja halted the enforcement of a Federal High Court judgment that had ordered the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP).
In a unanimous ruling delivered by a three-member panel headed by Justice A.B. Mohammed, the appellate court condemned Justice Peter Lifu of the Federal High Court for proceeding with the judgment despite an earlier order issued on May 22 directing him to suspend proceedings.
The appellate court described the action as a violation of the hierarchy of courts and the provisions of the 1999 Constitution.
“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 courts and the Constitution,” the panel held.
Invoking Supreme Court precedents, the court described Justice Lifu’s conduct as “judicial impertinence” and “judicial rascality,” stressing that lower courts are bound to obey the directives of superior courts.
The court subsequently granted a stay of execution, allowing the affected political parties to retain their legal status pending the determination of their appeals.
During the proceedings, INEC disclosed that it became aware of the Federal High Court ruling through media reports rather than through official court communication.
The commission’s lead counsel, Haliru Mohammed, told the panel that INEC had knowledge of the Court of Appeal’s earlier order restraining the lower court from delivering the judgment and therefore did not oppose the application for a stay of execution.
Counsel to the ADC, Senior Advocate of Nigeria Shuaibu Aruwa, further revealed that the judgment date was communicated to the party via WhatsApp, prompting surprise from members of the appellate bench.
He urged the Court of Appeal to invoke its disciplinary powers and sanction Justice Lifu.
Addressing party members at the ADC Strategic Communications Retreat in Abuja, Mark argued that the controversy surrounding the deregistration case has put the integrity of the judiciary under intense scrutiny.
The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council will handle this precarious situation,” he stated.
The former Senate President questioned how a judge could allegedly disregard a subsisting Court of Appeal order and issue decisions that appeared contradictory within a short period.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and less than 24 hours later put the same party on trial,” Mark said.
Despite the controversy, he assured members that the ADC would emerge stronger from the legal battle.
Party members should not worry about the shenanigans of the ruling party. We will weather these challenges because we are equal to the task. By the time we are through, ADC will come out stronger,” he added.
Former Vice President Atiku Abubakar welcomed the appellate court ruling, describing it as a positive development and noting that INEC itself initiated the application for a stay of execution.
He also warned against attempts to undermine democracy through the courts.
“The disturbing spectacle of judicial contradictions and politically charged rulings has placed the judiciary under intense public scrutiny. As Senator David Mark rightly observed, the judiciary itself is now on trial,” Atiku said.
According to him, any attempt to weaken democratic institutions through judicial manipulation poses a serious threat to Nigeria’s constitutional order.
Meanwhile, stakeholders and civil society organisations have intensified calls for the National Judicial Council (NJC) to investigate Justice Lifu over allegations that he delivered the judgment despite a subsisting order from the Court of Appeal.
The Tap Initiative for Citizens’ Development urged the Chief Justice of Nigeria and Chairman of the NJC, Justice Kudirat Kekere-Ekun, to examine whether the judge breached the judicial code of conduct and take disciplinary action if misconduct is established.
According to the group, disregard for judicial hierarchy could undermine public confidence in the courts and threaten Nigeria’s democratic stability ahead of the 2027 general elections.
Reacting to the development, ADC National Publicity Secretary Bolaji Abdullahi said the ruling offered hope that the judiciary could redeem its credibility.
Similarly, APP National Leader Ikenga Ugochinyere described the judgment as a victory for democracy and urged the NJC to rid the judiciary of controversial judges whose actions erode public trust.
Former CUPP National Chairman Peter Ameh also welcomed the decision, warning against what he termed executive interference and judicial overreach.
As political tensions rise ahead of the 2027 elections, the legal battle over the deregistration of opposition parties is expected to remain a major test of Nigeria’s democratic institutions and the independence of the judiciary.
