The Court of Appeal halted enforcement of the order canceling the registration of the ADC and four other political parties

The Court of Appeal in Abuja has suspended enforcement of a Federal High Court decision ordering the deregistration of five political parties, including the African Democratic Congress (ADC), pending the decision of an appeal filed against the decision.

In a unanimous judgment delivered on Tuesday, the three-member appellate panel led by Justice AB Mohammed strongly criticized the decision of the trial judge, Justice Peter Lifu, for staying the verdict despite an earlier directive from the appellate court ordering a halt to further proceedings in the matter.

“The lower court’s decision to proceed with the ruling despite this court’s express order is an unintentional violation of the hierarchy of courts and the 1999 Constitution,” the panel opined.

The court even expressed its disapproval by citing the Supreme Court’s previous pronouncements on judicial conduct, describing the court’s action as a direct affront to the authority of higher courts.

“The lower court’s decision to proceed with the ruling despite this court’s express order constitutes the highest form of judicial impiety,” the panel said, adding that the Supreme Court has previously stated that a judge who acts in such a manner is “unfit to stand trial as it constitutes a judicial crime.”

The appellate court emphasized that maintaining the authority and integrity of the judicial system requires strict compliance with orders issued by higher courts.

“The courts are enjoined to protect their integrity. This court has supervisory authority over the judiciary. This court has a duty to exercise its powers to ensure that its orders are complied with. The request for a stay of execution is hereby granted. Enforcement of the judgment is postponed,” the panel’s decision said.

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During the hearing, the Independent National Electoral Commission (INEC) told the court that it was shocked by the decision of the Federal High Court and only learned about it through media reports.

Representing the electoral commission, Haliru Mohammed told the court that INEC was aware of the High Court’s previous directive barring lower courts from taking further steps in the matter and therefore did not oppose the application seeking stay of execution.

“We are not aware of any notification from the court regarding the delivery of the decision. We only see it as the latest news in the media. Therefore, we do not oppose the applicant’s request to postpone the implementation of the decision,” said Mohammed.

INEC also expressed support for the application submitted by the affected political parties.

Counsel for the ADC, Mr Shuaibu Aruwa (SAN), further informed the court that notification of the ruling was alleged to have been delivered to his client via WhatsApp, a disclosure which reportedly drew backlash from members of the appeal panel.

Arguing that the court’s action threatened legal order, Aruwa urged the appellate court to take decisive action.

“The trial judge’s actions require swift and extraordinary action from this court. We have reached the stage where this court must press the reset button,” said Aruwa.

“We urge this court to take disciplinary action by immediately suspending the decision. This court has the authority to protect its own integrity. We pray that this court immediately suspends its decision without further delay,” he added.

Lawyers representing other affected parties also warned that implementing the disenrollment order could pose significant election complications, especially with midterm elections scheduled to take place in six states on June 20.

The controversy arose after Justice Lifu of the Federal High Court ordered INEC to cancel the registration of ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labor Party (ZLP), ruling that the parties had failed to meet the constitutional and electoral requirements necessary for continued participation in Nigeria’s political process.

However, with the latest decision of the Court of Appeal, the five political parties will maintain their legal status and remain entitled to participate in election activities until the substantive appeal request is heard and decided.