The Court of Appeal in Abuja has suspended the execution of a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The appellate court gave the order on Tuesday in a unanimous decision delivered by a three-member panel led by Justice A. B. Mohammed.
In its ruling, the court strongly criticised Justice Peter Lifu of the Federal High Court for proceeding with the case despite an earlier directive from the Court of Appeal ordering a halt to proceedings.
The panel described the action as a violation of the 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 1999 Constitution,” the court held.
The appellate court further described the development as a serious act of judicial misconduct, citing previous Supreme Court decisions on similar matters.
According to the panel, lower courts are bound by the orders of superior courts and must comply with such directives.
The court subsequently granted the application seeking a stay of execution and ordered that enforcement of the judgment be suspended pending the determination of the appeal.
During the proceedings, counsel to INEC, Haliru Mohammed, informed the court that the commission was surprised by the delivery of the judgment, stating that it became aware of the ruling through media reports.
He explained that INEC had been aware of the Court of Appeal’s earlier order restraining the lower court from delivering its judgment and therefore did not oppose the application for a stay of execution.
Counsel to the ADC, Shuaibu Aruwa (SAN), told the court that notification of the judgment was allegedly communicated to the party through WhatsApp, a development he described as unusual.
He urged the appellate court to take steps to protect the integrity of the judiciary and prevent actions capable of undermining public confidence in the judicial system.
Other affected political parties also warned that allowing the judgment to stand could create legal and electoral complications, especially with by-elections scheduled to take place in several states.
The Federal High Court had earlier directed INEC to deregister the ADC, the Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), ruling that the parties failed to meet constitutional requirements for continued participation in Nigeria’s electoral process.
However, following the Court of Appeal’s intervention, the five political parties will remain registered and eligible to operate pending the final determination of their appeals.
