The Court of Appeal in Abuja has ordered a stay of execution of the judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling delivered on Tuesday, a three-member panel led by Justice A. B. Mohammed strongly criticised Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver the judgment despite an earlier order of the appellate court suspending further action in the matter.
The appellate court described the lower court’s action as a direct violation of judicial hierarchy 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 court and the Constitution,” the panel held.
Citing a Supreme Court precedent, the Appeal Court further described the conduct as “the highest form of judicial impertinence,” noting that such actions undermine the integrity of the judiciary and the rule of law.
The court stressed its responsibility to protect the sanctity of judicial orders and exercise supervisory authority over lower courts. Consequently, it granted the application for a stay of execution, effectively suspending enforcement of the Federal High Court judgment pending the determination of the appeal.
During the proceedings, INEC informed the court that it was unaware the judgment would be delivered and only became aware of the development through media reports.
Counsel to the Commission, Haliru Mohammed, stated that INEC had relied on the appellate court’s May 22 order, which restrained the lower court from delivering its judgment that had initially been scheduled for June 5.
He noted that the Commission received no formal notification regarding a new date for judgment and therefore supported the application seeking a stay of execution.
Counsel to the ADC, Shuaibu Aruwa (SAN), also told the court that notification of the judgment was allegedly communicated to the party through WhatsApp, a revelation that attracted concern from the appellate panel.
Aruwa described the lower court’s action as an invitation to anarchy and urged the Appeal Court to invoke its disciplinary powers to safeguard the integrity of the judicial system.
The ruling marks a significant development in the legal battle over the status of the affected political parties and reinforces the authority of appellate courts in Nigeria’s judicial framework.
