Appeal Court Suspends Execution Of Ruling On Deregistration Of ADC, Accord Party, Others
The Court of Appeal in Abuja has ordered the stay of execution of the judgment that directed the Independent National Electoral Commission (INEC) to deregister African Democratic Congress (ADC) and four other political parties.
This was just as the appellate court described the ruling as the highest form of judicial impertinence, stating that the trial judge brazenly disregarded its earlier order.
In a unanimous decision, a three-member panel of the appellate court led by Justice A. B. Mohammed, berated Justice Peter Lifu of the Federal High Court in Abuja for flouting an order it made on May 22, which directed him to suspend proceedings before him.
The appellate court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts.
It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”
“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.
“This court has the duty to invoke its powers in ensuring that its orders are made.
“The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court held.
Other parties affected by the Monday’s court ruling include the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The trial court, in a suit filed by the National Forum of Former Legislators (NFFL), held that the five political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.
It barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.