The Court of Appeal in Abuja has issued a stay of execution of the decision 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 chaired by Justice A. B. Mohammed chastised Justice Peter Lifu of the Federal High Court in Abuja for violating a May 22 order to pause proceedings before him, calling his actions the most serious form of judicial misconduct.
“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 panel held.
The Appeal Court went even further, citing a Supreme Court precedent to describe Justice Lifu’s actions in the worst terms available.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” the panel declared, adding that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.”
The court stated that it had a duty to assert its supervisory authority over lower courts and protect the integrity of the judicial hierarchy.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.
Earlier during the proceedings, INEC informed the court it was taken aback by Justice Lifu’s decision to issue the verdict, revealing that the commission learned of the finding from media reports rather than any official communication.
INEC’s lead counsel, Mr. Haliru Mohammed, informed the panel that the commission was aware of the appellate court’s May 22 decision preventing the lower court from delivering the verdict, which was initially scheduled for June 5.
“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” Mohammed submitted.
The commission also agreed with the notice of appeal filed by the concerned political parties.
Counsel for the ADC, Mr. Shuaibu Aruwa, SAN, informed the court that Justice Lifu communicated the judgment’s delivery to the party via WhatsApp, eliciting apparent responses from the bench.
Aruwa described the lower court’s actions as an invitation to anarchy and urged the appeal court to use its disciplinary authority under Section 6 of the 1999 Constitution to punish the judge.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button,” Aruwa submitted.
“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay,” he added.
The other impacted parties also drew the panel’s attention to the June 20 by-elections in six states, saying that allowing the decision to stand would result in significant electoral and constitutional difficulties nationally.
The Federal High Court ordered INEC to deregister the ADC, together with the Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party, on the grounds that the five parties had failed to meet the constitutional conditions for ongoing existence and participation in future elections.
With Tuesday’s appellate court order, the five parties remain registered pending the outcome of their appeals.
