BREAKING: Appeals Court Halts Order Revoking Licenses of ADC and Four Other Parties

The Court of Appeal in Abuja has issued a stay of execution for the judgment that instructed the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties, following a unanimous decision by a three-member panel led by Justice A. B. Mohammed on Tuesday.

n

This decision came after the panel condemned Justice Peter Lifu of the Federal High Court in Abuja for disregarding a May 22 order to suspend proceedings, which the panel described as a grave form of judicial misconduct.

n

The panel stated that the lower court's decision to proceed with the judgment despite the express order was a blatant violation of the court hierarchy and the 1999 Constitution, invoking a Supreme Court precedent to characterize Justice Lifu's conduct as the highest form of judicial impertinence.

n

The appellate court declared that a judge who acts in such a manner is unfit for the bench, as it amounts to judicial rascality, and emphasized its duty to assert supervisory authority over lower courts and protect the integrity of the judicial hierarchy.

n

The panel ruled that courts must protect their integrity, and as such, it had the duty to invoke its powers to ensure its orders are obeyed, granting the application for stay of execution and staying the enforcement of the judgment.

n

Earlier in the proceedings, INEC expressed its shock at Justice Lifu's decision to deliver the judgment, revealing that it only became aware of the ruling through media reports, rather than any official notification from the court.

n

INEC's lead counsel, Mr Haliru Mohammed, informed the panel that the commission was aware of the appellate court's May 22 order restraining the lower court from delivering the judgment, which had originally been scheduled for June 5.

n

Mohammed submitted that INEC did not oppose the application to stay the execution of the judgment, as it had not received any notice from the court regarding the delivery of the judgment and only learned of it through media reports.

n

The commission also aligned itself with the notice of appeal filed by the affected political parties, which included the ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.

n

Counsel for the ADC, Mr Shuaibu Aruwa, SAN, revealed that Justice Lifu communicated the judgment's delivery to the party via WhatsApp, a disclosure that drew visible reactions from the bench.

n

Aruwa described the lower court's conduct as an invitation to anarchy and urged the appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution to sanction the judge, calling for swift and extraordinary measures to be taken.

n

The affected parties also warned that allowing the judgment to stand would trigger serious electoral and constitutional crises nationwide, particularly in light of the June 20 by-elections scheduled across six states.

n

The Federal High Court had initially ordered INEC to deregister the five parties, citing their failure to meet the constitutional requirements for continued existence and participation in future elections.

n

However, with the appellate court's order on Tuesday, the five parties will remain registered pending the determination of their appeals.