Appeal Court stays execution of judgment deregistering ADC, four others
Translated from English, summarized and contextualized by DistantNews.
At a glance
- The Court of Appeal in Abuja has halted the deregistration of the African Democratic Congress and four other political parties.
- The appellate court condemned a lower court judge for ignoring a previous order to suspend proceedings, calling it judicial misconduct.
- The Independent National Electoral Commission stated it was unaware of the lower court's judgment until media reports surfaced.
Nigeria's Court of Appeal has intervened, ordering a stay of execution on a judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties. The appellate court's decision on Tuesday unanimously supported the application for a stay, effectively pausing the deregistration process.
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.
A three-member panel, led by Justice A. B. Mohammed, strongly criticized Justice Peter Lifu of the Federal High Court in Abuja. The panel condemned Lifu for disregarding a May 22 order that mandated him to suspend proceedings before his court. The appellate judges characterized this action as the "gravest form of judicial misconduct" and a "brazen violation of the hierarchy of the court and the 1999 Constitution."
Citing a Supreme Court precedent, the appellate court described Justice Lifu's conduct in severe terms, calling it the "highest form of judicial impertinence." The panel asserted its duty to uphold its supervisory authority over lower courts and protect the integrity of the judicial hierarchy, emphasizing that judges acting in such a manner are "unfit for the bench as it amounts to judicial rascality."
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.
INEC informed the appellate court that it was taken by surprise by Justice Lifu's decision to deliver the judgment. The commission stated it learned of the ruling through media reports, not official notification. INEC's lead counsel, Mr Haliru Mohammed, confirmed the commission's awareness of the appellate court's May 22 order restraining the lower court and indicated that INEC did not oppose the application for a stay of execution. The commission also aligned itself with the notice of appeal filed by the affected political parties.
We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment.
Originally published by The Punch in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.