The Court of Appeal in Abuja on Tuesday ordered an immediate stay of execution on a controversial Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
In a unanimous decision, a three-member panel led by Justice A. B. Mohammed strongly condemned Justice Peter Lifu of the Federal High Court for delivering the judgment despite a clear, existing order from the appellate court to halt proceedings.
Judicial Hierarchy Violated, Says Appellate Panel
The appellate court did not hold back in its rebuke of the lower court’s actions, characterizing Justice Lifu’s conduct as a severe breach of judicial boundaries. On May 22, the Court of Appeal had explicitly ordered the lower court to suspend all proceedings regarding the matter. Justice Lifu, however, went ahead to deliver the verdict.
“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.
Invoking strict Supreme Court precedents on judicial discipline, the panel added that the apex court had previously ruled that a judge who acts in defiance of higher authorities “is unfit for the bench as it amounts to judicial rascality.” The appellate court emphasized its constitutional duty to assert supervisory authority over trial courts and safeguard the integrity of the judiciary.
INEC, Opposition Raise Alarms Over “WhatsApp Judgment”
The legal battle escalated following a suit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), who argued that the targeted parties failed to meet the mandatory electoral thresholds under Section 225A of the 1999 Constitution. While the Attorney General of the Federation backed the initial suit to cut down on ballot congestion, the affected parties immediately fought back.
During Tuesday’s emergency hearing, unexpected details emerged regarding how the judgment was communicated and handled:
- Lack of Official Notification: INEC’s lead counsel, Mr. Haliru Mohammed, informed the court that the commission was completely blindsided by the ruling, finding out about it through media reports. INEC aligned itself with the opposition parties’ appeal, noting it was fully aware of the May 22 restraining order.
- Judgment via Social Media: Counsel for the ADC, Mr. Shuaibu Aruwa, SAN, disclosed to a visibly startled panel that Justice Lifu had communicated the delivery of the judgment to the party via WhatsApp. Aruwa described the trial judge’s actions as an “invitation to anarchy” and urged the court to press the reset button on the ruling.
- Imminent By-Elections Risk: Legal representatives for the other affected parties—including the Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP)—warned that enforcing the deregistration right before scheduled by-elections across six states would trigger a massive constitutional and electoral crisis.
The Path Forward
The Federal High Court’s initial ruling had threatened to heavily shrink Nigeria’s multi-party political landscape ahead of upcoming electoral cycles, drawing sharp criticism from opposition stakeholders who labeled it an attempt to stifle democratic space.
Do you want to advertise with us?
Do you need publicity for a product, service, or event?
Contact us on WhatsApp +2348033617468, +234 816 612 1513, +234 703 010 7174
or Email: validviewnetwork@gmail.com
CLICK TO JOIN OUR WHATSAPP GROUP
With the Court of Appeal granting the stay of execution, the enforcement of the deregistration has been completely frozen. The ADC, Accord Party, ZLP, AA, and APP will retain their full legal status and rights to participate in upcoming elections pending the final determination of the substantive appeal.
