The Court of Appeal in Abuja has ordered a stay of execution on a Federal High Court judgment that directed the deregistration of five political parties, including the African Democratic Congress (ADC).
The appellate court suspended the enforcement of the ruling delivered by Justice Peter Lifu, which affected the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
In a strongly worded decision, the appellate court criticised the conduct of the trial court, describing its actions as a serious violation of judicial procedure and established legal hierarchy.
According to the panel of justices, Justice Lifu proceeded to hear and determine the matter despite an earlier order from the Court of Appeal and the fact that issues relating to the case were already pending before the appellate court.
The justices stated that the lower court’s decision to continue with the proceedings amounted to what they described as “judicial rascality,” stressing that the trial judge acted in disregard of the authority of a superior court.
The court further ruled that Justice Lifu’s conduct represented an affront to the hierarchy of courts and undermined the constitutional framework guiding the administration of justice.
Describing the development as “the highest form of judicial impertinence,” the appellate court recalled previous pronouncements of the Supreme Court on similar conduct.
It 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.”
The panel added that it had a responsibility to ensure that its directives were respected and complied with by lower courts.
“This court has the duty to invoke its powers in ensuring that its orders are made.
“The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the court ruled.
The judgment under dispute had directed the Independent National Electoral Commission (INEC) to deregister the ADC, APP, AA, Accord Party, and ZLP.
Justice Lifu had held that the affected parties failed to satisfy constitutional requirements necessary for their continued existence and participation in future electoral contests.
The ruling immediately sparked reactions from political stakeholders, with the ADC earlier rejecting the deregistration order and alleging that the move was aimed at weakening opposition political forces ahead of future elections.
With the latest decision of the Court of Appeal, the enforcement of the deregistration order has been temporarily halted pending the determination of the substantive issues before the court.
