A combined photo of ADC, Accord and Zenith Labour logos
By Abdullahi Abubakar
The Court of Appeal in Abuja has ordered a stay of execution of the judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress and four other political parties.
In a unanimous decision on Tuesday, a three-member panel led by Justice A. B. Mohammed condemned Justice Peter Lifu of the Federal High Court in Abuja for flouting a May 22 order that directed him to suspend proceedings before him, describing his conduct as the gravest 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 appellate court went further, invoking a Supreme Court precedent to characterise Justice Lifu’s conduct in the harshest terms available to it.
“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 said 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.
In the same vein, the former Vice President and presidential candidate of the African Democratic Congress, Atiku Abubakar has welcomed the Court of Appeal’s decision to stay the execution of a Federal High Court judgment ordering the deregistration of the ADC and four other political parties.
In a statement posted on his X handle, Atiku said the appellate court’s intervention was a positive development.
“I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay,” he wrote.
Atiku also criticised “judicial contradictions” and rulings in the ongoing legal dispute, warning that such developments place the judiciary under public scrutiny.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny.
“As ADC National Chairman, Sen. David Mark, rightly observed, the judiciary itself is now on trial,” he said.
He warned against any attempt to undermine Nigeria’s democracy through the courts.
“Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
“The judiciary still has an opportunity to redeem itself by standing firmly on the side of the Constitution, the rule of law, and the Nigerian people,” he added.
