By Ibrahim Kegbegbe
ABUJA — The Court of Appeal sitting in Abuja on Tuesday ordered a stay of execution of the 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 delivered by a three-member panel headed by Justice A. B. Mohammed, the appellate court granted the application seeking to halt the enforcement of the judgment pending the determination of the appeals filed by the affected parties.
The court faulted Justice Peter Lifu of the Federal High Court for proceeding to deliver the judgment despite an earlier order issued by the Court of Appeal on May 22 directing him to suspend further proceedings in the matter.
Describing the action as a violation of the judicial hierarchy and the provisions of the 1999 Constitution, Justice Mohammed held that the lower court’s conduct amounted to “the highest form of judicial impertinence.”
“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 ruled.
Citing a Supreme Court precedent, the appellate court stated that such conduct amounted to “judicial rascality” and raised questions about the fitness of a judge who disregards the orders of a superior court.
The court stressed its responsibility to preserve the integrity of the judiciary and ensure compliance with its orders.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel held.
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During the proceedings, counsel to INEC, Haliru Mohammed, informed the court that the commission was surprised by the delivery of the judgment, adding that it only became aware of the development through media reports.
According to him, The Merit Newspaper reports that INEC had knowledge of the appellate court’s restraining order and therefore did not oppose the application seeking a stay of execution.
“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,” Mohammed said.
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Counsel to the ADC, Shuaibu Aruwa (SAN), told the court that notice of the judgment was communicated to the party through WhatsApp, a disclosure that reportedly drew reactions from members of the appellate panel.
Aruwa described the action of the trial judge as an invitation to anarchy and urged the Court of Appeal to take disciplinary measures to safeguard the integrity of the judiciary.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button,” he submitted.
He further prayed the court to suspend the judgment immediately and exercise its constitutional powers to protect the judicial process.
Lawyers representing the other affected political parties also warned that implementation of the judgment ahead of the June 20 by-elections in six states could trigger electoral and constitutional crises.
Justice Lifu had ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), ruling that the parties had failed to satisfy constitutional requirements for continued registration and participation in future elections.
However, with Tuesday’s ruling by the Court of Appeal, the five political parties will remain on the register of INEC pending the final determination of their appeals.
